The Magna Carta: Rule Of Law Foundations

The Magna Carta, or 'Great Charter', was a charter of rights agreed to by King John of England in 1215, and was Europe's first written constitution. The Magna Carta introduced the concept of the rule of law, by creating a legal system that the king had to abide by. It established a council of barons as a predecessor to Parliament, which monitored the king's actions to ensure he abided by the new law. The Magna Carta also assured protection from illegal imprisonment, forming the basis for the concept of a habeas corpus petition, and promised access to swift justice, an early promise of due process.

The rule of law and the monarch

The Magna Carta, meaning '"Great Charter" in Latin, was a charter of rights agreed to by King John of England in 1215. It was Europe's first written constitution. Prior to the implementation of the Magna Carta, English monarchs were considered above the law of the land and ruled with relatively absolute power.

The Magna Carta established a legal system by which the king had to abide, introducing legal concepts that persisted over time and came to be found in American law. It assured protection from illegal imprisonment, forming the basis for the concept of a habeas corpus petition. It also guaranteed access to swift justice, an early promise of due process.

The Magna Carta established a council of barons as a predecessor to Parliament, which monitored the king's actions to ensure he abided by the new law and rectified breaches of the law. This council was therefore an early example of a checks and balances safeguard.

The Magna Carta was not intended to be a great charter of rights for all people, but designed by the barons to ensure that their rights were protected against the king's power. It set out what the king could and could not do and was sent out to be read out in each county of England so that everyone knew of its existence.

The Magna Carta's interpretation as a unique and early charter of universal legal rights has been seen by many historians as a myth that was created centuries later. However, it remains a powerful, iconic document, often cited by politicians and campaigners, and is held in great respect by the British and American legal communities.

The rule of law, as applied to the monarch through the Magna Carta, meant that the king was subject to the law and could not act with impunity. The charter set out the rights and liberties of "free men", which included the barons, and established a system of justice and due process that applied to everyone, including the king. It limited the powers of the monarch and set out the laws that everyone, including the king, had to follow.

The Magna Carta's influence extended beyond its time, shaping the development of Parliament and influencing the formation of the United States Constitution and Bill of Rights. It enshrined the principle that the government, royal or otherwise, would be limited by the written law of the land and that the law applied equally to everyone.

The right to petition

The Magna Carta, agreed to by King John of England in 1215, was a charter of rights and Europe's first written constitution. It created a legal system by which the king had to abide, establishing protections for the clergy and nobility. The charter set out the laws that the king and everyone else had to follow for the first time.

> That it is the right of the subjects to petition the King, and all commitments and prosecutions for such petitioning are illegal.

Today, the right to petition has a broader meaning and includes all open expression of issues, interests, and grievances designed to prompt government action. This can take the form of letter writing, email campaigns, ballot initiatives, testifying before government committees, and more. The right to petition is a vital component of a democratic society, ensuring that the political process is receptive to the people's concerns and allowing for the free expression of grievances.

The concept of due process

The right to due process is enshrined in the US Constitution and Bill of Rights, appearing in both the Fifth and Fourteenth Amendments. The concept of due process dates back to 1215, when King John of England was forced to agree to the Magna Carta, limiting the powers of the monarchy.

Chapter 39 of the Magna Carta states:

> No free man shall be taken or imprisoned or disseized or exiled or in any way destroyed, nor will we go upon him nor send upon him, except by the lawful judgment of his peers or by the law of the land.

This chapter of the Magna Carta offered an explicit constraint on the powers to kill and detain, stating that force or detention would not be used against a "free man" except by the "'lawful judgement of his equals or by the law of the land'.

The Magna Carta was the first written constitution in Europe and the first time a legal system was established that the king had to abide by. It set a precedent that a government should be constitutional and that the law of the land should apply to everyone.

In the US, due process has been interpreted as placing limitations on laws and legal proceedings, allowing judges to guarantee fundamental fairness, justice, and liberty. Due process is considered a fundamental right of all people and is essential to the establishment of a harmonious and just society.

The role of the church

Archbishop Stephen Langton, the intellectual and spiritual heir to St Thomas Becket, was a key player in the negotiations. The first clause of the Magna Carta, which has endured to this day, states "that the English church shall be free". This clause was no coincidence given the involvement of Langton and other churchmen. The Archbishops of Dublin and Canterbury were also important figures in the negotiations. The document was also backed by England's bishops, who insisted on its distribution across the country.

The Church's influence on the Magna Carta was not only practical but also ideological. The ideas enshrined in the document, such as the importance of due process, the legitimation of arbitration in the affairs of the king, and the extension of rights to all free men, were rooted in medieval theology and the development of canon law. The Church's political clout and the ideological reflections of Christian theology were thus significant factors in the creation of the Magna Carta.

The Magna Carta laid the groundwork for the modern state by imposing limits on the monarch's power. The Church played a crucial role in this process, ensuring that the document was not only created but also copied, distributed, and preserved. The English bishops and other ecclesiastical officials were responsible for copying and distributing the text, which is why two of the four surviving original copies are held by Lincoln and Salisbury cathedrals. The Church's efforts ensured that the Magna Carta's message reached a wide audience and helped to shape the course of history.

The rights of the nobility

The Magna Carta, or "Great Charter", was a charter of rights agreed to by King John of England on 15 June 1215. It was Europe's first written constitution and applied the rule of law to the king, who was previously considered above the law.

The Magna Carta was primarily intended to protect the powerful Church and wealthy nobility in medieval feudal England. It introduced legal concepts that persisted over time and came to be found in American law. Notably, its protections were given widely to all free men who held land, not just the Church and nobility.

• Protection from illegal imprisonment, forming the basis for the concept of a habeas corpus petition.
• Access to swift justice - an early promise of due process.
• The right to not be imprisoned, outlawed, exiled, or have their possessions or land confiscated without the lawful judgment of their social equals, paving the way for trial by a jury of one's peers.
• The right to not be subject to excessive taxes.
• The right to own and inherit property.
• The right of widows who owned property to choose not to remarry.
• The right to be protected from official misconduct and bribery.
• The right to have a council of barons as a predecessor to Parliament, which monitored the king's actions to ensure he abided by the new law and rectified breaches of the law.

The Magna Carta was a crucial turning point in the struggle to establish freedom and remains an important symbol of liberty today.

Frequently asked questions