A petitioner is a person who pleads with governmental institution for a legal remedy or a redress of grievances, through use of a petition. [1]
The petitioner may seek a legal remedy if the state or another private person has acted unlawfully. In this case, the petitioner, often called a plaintiff, will submit a plea to a court to resolve the dispute.
On the other hand, the petitioner may be complaining against the law it to "... make no law... abridging... the right of the people peaceably to assemble, and to petition the government for redress of grievances".
A petitioner need not seek a change to an existing law. Often, petitioners speak against (or in support of) legislative proposals as these progress.
A group of 17th century English politicians became known as Petitioners, due to their support of the Exclusion Bill, a bill which would prevent the succession to the throne of the Catholic James, Duke of York, the heir apparent of King Charles II. After the House of Commons passed the Bill, Charles dissolved Parliament; when a new Parliament was elected shortly afterwards, Charles simply refused to summon it to meet. The Petitioners got their name from the many petitions they sent to Charles urging him to summon Parliament; they were opposed by the Abhorrers, who resisted the Exclusion Bill and were in no hurry to see a pro-Exclusion Bill Parliament meet. In the heat of the dispute, the two factions traded insulting epithets; with the result that the Petitioners became known as the Whigs and their opponents as Tories. [2]
Abhorrers, the name given in 1679 to the persons who expressed their abhorrence at the action of those who had signed petitions urging King Charles II of England to assemble Parliament.
A fatwa is a legal ruling on a point of Islamic law (sharia) given by a qualified Islamic jurist (faqih) in response to a question posed by a private individual, judge or government. A jurist issuing fatwas is called a mufti, and the act of issuing fatwas is called ifta'. Fatwas have played an important role throughout Islamic history, taking on new forms in the modern era.
Habeas corpus is an equitable remedy by which a report can be made to a court alleging the unlawful detention or imprisonment of an individual, and requesting that the court order the individual's custodian to bring the prisoner to court, to determine whether their detention is lawful.
A plaintiff is the party who initiates a lawsuit before a court. By doing so, the plaintiff seeks a legal remedy. If this search is successful, the court will issue judgment in favor of the plaintiff and make the appropriate court order. "Plaintiff" is the term used in civil cases in most English-speaking jurisdictions, the notable exceptions being England and Wales, where a plaintiff has, since the introduction of the Civil Procedure Rules in 1999, been known as a "claimant" and Scotland, where the party has always been known as the "pursuer". In criminal cases, the prosecutor brings the case against the defendant, but the key complaining party is often called the "complainant".
An injunction is an equitable remedy in the form of a special court order that compels a party to do or refrain from specific acts. "When a court employs the extraordinary remedy of injunction, it directs the conduct of a party, and does so with the backing of its full coercive powers." A party that fails to comply with an injunction faces criminal or civil penalties, including possible monetary sanctions and even imprisonment. They can also be charged with contempt of court.
A writ of mandamus is a judicial remedy in the English and American common law system consisting of a court order that commands a government official or entity to perform an act it is legally required to perform as part of its official duties, or to refrain from performing an act the law forbids it from doing. Writs of mandamus are usually used in situations where a government official has failed to act as legally required or has taken a legally prohibited action. Decisions that fall within the discretionary power of public officials can not be controlled by the writ. For example, mandamus can not force a lower court to take a specific action on applications that have been made. If the court refuses to rule one way or the other, then a mandamus can be used to order the court to rule on the applications.
John Somers, 1st Baron Somers, was an English jurist, Whig statesman and peer. Somers first came to national attention in the trial of the Seven Bishops where he was on their defence counsel. He published tracts on political topics such as the succession to the crown, where he elaborated his Whig principles in support of the Exclusionists. He played a leading part in shaping the Revolution settlement. He was Lord High Chancellor of England under King William III and was a chief architect of the union between England and Scotland achieved in 1707 and the Protestant succession achieved in 1714. He was a leading Whig during the twenty-five years after 1688; with four colleagues he formed the Whig Junto.
A petition is a request to do something, most commonly addressed to a government official or public entity. Petitions to a deity are a form of prayer called supplication.
The Parliament of England was the legislature of the Kingdom of England from the 13th century until 1707 when it was replaced by the Parliament of Great Britain. Parliament evolved from the great council of bishops and peers that advised the English monarch. Great councils were first called Parliaments during the reign of Henry III. By this time, the king required Parliament's consent to levy taxation.
A mufti is an Islamic jurist qualified to issue a nonbinding opinion (fatwa) on a point of Islamic law (sharia). The act of issuing fatwas is called iftāʾ. Muftis and their fatwas played an important role throughout Islamic history, taking on new roles in the modern era.
The Exclusion Crisis ran from 1679 until 1681 in the reign of King Charles II of England, Scotland and Ireland. Three Exclusion Bills sought to exclude the King's brother and heir presumptive, James, Duke of York, from the thrones of England, Scotland and Ireland because he was a Roman Catholic. None became law. Two new parties formed. The Tories were opposed to this exclusion, while the "Country Party", who were soon to be called the Whigs, supported it. While the matter of James's exclusion was not decided in Parliament during Charles's reign, it would come to a head only three years after James took the throne, when he was deposed in the Glorious Revolution of 1688. Finally, the Act of Settlement 1701 decided definitively that Roman Catholics were to be excluded from the English, Scottish, and Irish thrones, later the British throne.
In English law, a co-respondent is, in general, a respondent to a petition, or other legal proceeding, along with another or others, or a person called upon to answer in some other way.
In political philosophy, the right of revolution is the right or duty of a people to "alter or abolish" a government that acts against their common interests or threatens the safety of the people without justifiable cause. Stated throughout history in one form or another, the belief in this right has been used to justify various revolutions, including the American Revolution, French Revolution, the Russian Revolution, and the Iranian Revolution.
An exclusion zone is a territorial division established for various, case-specific purposes.
In the United States, the right to petition is enumerated in the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The Queensland Court of Disputed Returns is a court that adjudicates disputes concerning Queensland Government and local government elections and state referendums in Queensland, Australia. The Court is a division of the Supreme Court of Queensland.
Petitioning is the administrative system for hearing complaints and grievances from individuals in the People's Republic of China. It is a common tool for dispute resolution in the country.
Black jails are a network of extralegal detention centers established by Chinese security forces and private security companies across the People's Republic of China. They are used mainly to detain, without trial, petitioners, who travel to seek redress for grievances unresolved at the local level. The right to petition was available in ancient China, and was later revived by the communists, with important differences.
The Exclusion Bill Parliament was a Parliament of England during the reign of Charles II of England, named after the long saga of the Exclusion Bill. Summoned on 24 July 1679, but prorogued by the king so that it did not assemble until 21 October 1680, it was dissolved three months later on 18 January 1680/81.
National Campaign for People's Right to Information (NCPRI) was established in 1996 to advocate for a legal backing to citizens right to information. This resulted in the historic and pro-people law - the Right to Information Act, 2005. More recently, this movement has also campaigned for Grievance redressal bill and Whistleblowers protection bill. It is a network of organisations and individuals who use the Right to Information law to demand transparency and accountability of government, but also support the use of the RTI in various other sectors to demand accountability.