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Henry VIII's clauses.

• Message 1.Β 

  Posted by PaulRyckier (U1753522) on Monday, 28th February 2011

  During research for a French messageboard about the comparaison of the English and French parliament in connection with royal absolutism I came with the case of Henry VIII versus parliament on the said "Henry VIII clauses".
  
  I did a quick research and I saw that they even seems to be up to now valid?
  
  Can some insider in British history enlighten me?
  
  Kind regards,
  
  Paul.

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• Message 2

  , in reply to message 1.

  Posted by Temperance (U14455940) on Tuesday, 1st March 2011

  
  Many people consider that Henry VIII's clauses - the Statute of Proclamations 1539 - as the height of a bloody tyrant's despotism, and that this legislation gave Henry the legal right to do more or less what he pleased. I'm not convinced this is true.
  
  But yes, primary legislation can indeed be amended or repealed by ministers with or without Parliamentary discussion. These powers have been used recently: the Banking (Special Provisions) Act 2008 allowed Treasury ministers to "disapply any statutory provision or rule of law", while the Constitutional Reform and Governance Act 2010 apparently allowed ministers to amend or repeal any prior statute dealing with the civil service or MPs' expenses.
  
  Sometimes, according to G.R.Elton "a government must be able to put out orders about immediate economic needs or temporary policies without having to await the meeting of an occasional body like the sixteenth-century Parliament".
  
  True, but this isn't 1539 and Parliament is no longer an "occasional body". It's all a bit worrying. Necessity as a plea can cover a multitude of sins.

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• Message 3

  , in reply to message 2.

  Posted by PaulRyckier (U1753522) on Thursday, 3rd March 2011

  Re: Message 2.
  
  Temperance,
  
  excuses for the delay in answering and thank you very much for the reply.
  If I understood it well, legislation by the legislative body can be rejected or amended by the executive body?
  And may I ask in my innocence, if sometime after this rejection new legislation can be voted by the parliament to correct the one rejected by the ministers? Or is the parliament in this particular case powerless?
  
  Kind regards and with esteem,
  
  Paul.

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• Message 4

  , in reply to message 3.

  Posted by chefone (U14431437) on Thursday, 3rd March 2011

  Paul....
  I'm going to do some research on this myself and will come back on it....
  But...Something that one should consider when walking in Henrys time slot is his desire to free England from cannon law [Catholic domination] and see his declearations as complimentary to that desire.....
  Chef....
  

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• Message 5

  , in reply to message 4.

  Posted by PaulRyckier (U1753522) on Saturday, 5th March 2011

  Re: Message 4.
  
  Chefone,
  
  thank you very much for your reply. Looking forwards to your further explanation.
  
  Kind regards and with esteem,
  
  Paul.

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