Constitutional Framework of the Commonwealth (Cromwell the Great)

The fundamental law of the Commonwealth, and the first codified and written constitution in England, was the Instrument of Government (1653), replaced (or amended according to some authors) by the Humble Petition and Advice (1657). Both documents formed the basis of government and provided a legal rationale for the increasing power of Oliver Cromwell, after Parliament consistently failed to govern effectively or against the expectations of the Protector. In the end however it justified Oliver Cromwell’s military dictatorship.

As stated in Henry Cromwell's opening speech to the Parliament Principles of our Government of the Commonwealth of 1662, it is necessary to establish a lasting and more definitive constitution.

Based on the patchwork of acts and ordinances of Parliament and the documents of 1653 and 1657 and the four fundamentals of 1654 a new constitution was worked out. The main premises were the following: (1) no kingship nor House of Lords, (2) no hereditary magistrates, all must be elected, or appointed by the Executive or appointed or approved by Parliament, (3) no house of Lords, (4) no imposition upon conscience; (5) a permanent army and navy; (6) that the legislative, executive and judicial powers be in distinct hands; (7) the Constitution can be modified by consent of the Protector and Parliament, and (8) that Parliaments be elected entirely from time to time by the people.

It declared the Commonwealth and union of England, Scotland and Ireland, besides the overseas territories, with an elected parliament It retained a strong executive headed by a elective and not hereditary Lord Protector and assisted and counseled by a Council of State. Parliamentary supremacy was retained, however an elected upper chamber (Senate) can veto the decisions of the House of Commons. Judicial independence was maintained and upkeep but its details of its organization are left to an act of Parliament. Christian religion is declared the public confession and its state protection by the Commonwealth. Perhaps the most difficult point was the civilian supremacy over the Army.