Friday 24 October 2014

Celebrating The Birth Of Democracy - Magna Carta Anniversary

By Young Lindsay


Magna Carta was written by 40 rebellious barons back in thirteenth century, to protect their rights and properties against a tyrannical King John. It was sealed by King John on June 15, 1215. With Magna Carta Anniversary approaching, it's time to remember why this extraordinary document is so important for the development of democracy, among other things.

Rebellious barons probably were not much concerned about ordinary people's rights back then, they were mostly concerned about their own rights and properties. Nevertheless, some of the principles contained in their document are essential for the development of modern democracy, and contained in the Constitution, especially in the Fifth Amendment and the Bill of Rights. The basic rights and freedoms are guaranteed by these principles.

One of these principles guarantees the right for justice, for example. In fact, these clauses were used as an inspiration for writing the American Constitution. Even more, thanks to these clauses, American colonists had a right to demand their own freedom and independence from the English crown. All these important principles of rights and freedoms are embedded into laws.

In the entire history of democracy, this is probably the most important document. It was the first time that the Common Law was declared to be above the King's will. Until then, the King was above the Law, and no one was safe, or protected from his judgement. That's why the date of sealing this document might be considered as a birth of democracy. It was probably the greatest contribution of Great Britain to the mankind.

Sealing the Great Chapter, King John placed himself within a rule of law, but also all future sovereigns of England. The document itself was used as a base for designing the English Common Law. A charter of liberties made it possible for the United States to require their freedom and independence from the English crown.

The Great Charter is definitely a symbol of freedom under law. Although it was actually sealed on June 15, 1215, this first document was called the Articles of the Barons. The King and the barons issued a formal version four days later, on June 19, 1215. Even its goal was to prevent the war, a civil war happened within three months. The final version of this charter of liberties was issued in 1225.

The Great Charter was written in Latin. This is the first written constitution in the history of a mankind. With total of 63 clauses, it was mainly concerned with property rights of the elite classes. Famous clause 39 was included into the Petition of Right in 1628, and into the Habeas Corpus Act, in 1679. Together with Clause 40, it shaped future legal systems in Britain and America.

Two main documents that are based on these two clauses are the Bill of Rights and the Fifth Amendment to the Constitution. Written eight centuries ago, Magna Carta deserves to be celebrated as the most important document for the development of modern, democratic systems. Basic human freedoms and rights under the Law are guaranteed by this Great Charter, and it should be valued appropriately.




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