Editing Constitution (section)

====English civil war era====
On 4 January 1649, the [[Rump Parliament]] declared "that the people are, under God, the original of all just power; that the Commons of England, being chosen by and representing the people, have the supreme power in this nation".<ref name=Fritze>Fritze, Ronald H. & Robison, William B. (1996). ''Historical Dictionary of Stuart England, 1603–1689'', Greenwood Publishing Group, {{ISBN|0-313-28391-5}} [https://books.google.com/books?id=8goko0Lpr5sC&pg=PA118 p. 228] {{Webarchive|url=https://web.archive.org/web/20221227154532/https://books.google.com/books?id=8goko0Lpr5sC&pg=PA118&f=false |date=December 27, 2022 }}</ref>

The [[English Protectorate]] set up by [[Oliver Cromwell]] after the [[English Civil War]] promulgated the first detailed written constitution adopted by a modern state;<ref>[https://www.britannica.com/EBchecked/topic/240140/Instrument-of-Government]{{Webarchive|url=https://web.archive.org/web/20150522182843/http://www.britannica.com/EBchecked/topic/240140/Instrument-of-Government|date=May 22, 2015}} Instrument of Government (England [1653]). ''Encyclopædia Britannica''. Retrieved July 12, 2013.</ref> it was called the [[Instrument of Government]]. This formed the basis of government for the short-lived republic from 1653 to 1657 by providing a legal rationale for the increasing power of Cromwell after Parliament consistently failed to govern effectively. Most of the concepts and ideas embedded into modern constitutional theory, especially [[bicameralism]], [[separation of powers]], the written constitution, and [[judicial review]], can be traced back to the experiments of that period.<ref>{{cite book|url=http://www.constitution.org/cmt/wormuth/wormuth.htm|title=The Origins of Modern Constitutionalism|author=Francis D. Wormuth|year=1949|publisher=Harper & Brothers}}</ref> Drafted by [[John Lambert (General)|Major-General John Lambert]] in 1653, the ''Instrument of Government'' included elements incorporated from an earlier document "[[Heads of Proposals]]",<ref>Tyacke [https://books.google.com/books?id=McvcmiZ6h8gC&dq=%22Heads+of+Proposals%22+++%22Instrument+of+Government%22&pg=PA69 p. 69]</ref><ref>Farr [https://books.google.com/books?id=MmxFHPk0MSUC&dq=%22Heads+of+Proposals%22+++%22Instrument+of+Government%22&pg=PA81 pp. 80,81] {{Webarchive|url=https://web.archive.org/web/20221227154533/https://books.google.com/books?id=MmxFHPk0MSUC&pg=PA81&dq=%22Heads+of+Proposals%22+++%22Instrument+of+Government%22&as_brr=3#v=onepage&q=%22Heads%20of%20Proposals%22%20%20%20%22Instrument%20of%20Government%22&f=false |date=December 27, 2022 }}. See ''Declaration of Representation'' of June 14, 1647</ref> which had been agreed to by the [[Army Council (1647)|Army Council]] in 1647, as a set of propositions intended to be a basis for a constitutional settlement after King [[Charles I of England|Charles I]] was defeated in the [[First English Civil War]]. Charles had rejected the propositions, but before the start of the Second Civil War, the [[Grandee (New Model Army)|Grandees]] of the [[New Model Army]] had presented the ''Heads of Proposals'' as their alternative to the more radical [[Agreement of the People]] presented by the Agitators and their civilian supporters at the [[Putney Debates]]. The ''Instrument of Government'' was adopted by Parliament on 15 December 1653, and [[Oliver Cromwell]] was installed as [[Lord Protector]] on the following day. The constitution set up a state council consisting of 21 members while executive authority was vested in the office of "[[Lord Protector of the Commonwealth]]." This position was designated as a non-hereditary life appointment. The ''Instrument'' also required the calling of triennial [[Parliament]]s, with each sitting for at least five months.

The ''Instrument of Government'' was replaced in May 1657 by England's second, and last, codified constitution, the [[Humble Petition and Advice]], proposed by Sir [[Christopher Packe (politician)|Christopher Packe]].<ref>[[Sidney Lee|Lee, Sidney]] (1903), Dictionary of National Biography [https://archive.org/details/dictionaryofnati00leesuoft#page/991/mode/1up Index and Epitome p. 991].</ref> The Petition offered hereditary [[monarchy]] to [[Oliver Cromwell]], asserted [[Parliament of England|Parliament]]'s control over issuing new [[taxation]], provided an independent council to advise the king and safeguarded "Triennial" meetings of Parliament. A modified version of the Humble Petition with the clause on kingship removed was ratified on 25 May. This finally met its demise in conjunction with the death of Cromwell and the [[Restoration (England)|Restoration]] of the monarchy.