Sunday, November 2, 2014

About Great 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.

Although it was designed to protect rights and properties of English aristocracy, there are two really important principles expressed in this document that shaped the entire history. The first one says that no man cannot be prosecuted or deprived of the rights and freedoms, or harmed in any other way, by anyone's will, except by the law. This principle is now contained in the Fifth Amendment to the Constitution.

Clause 40 contains one very important sentence. It says that all people have rights and the right on justice. No man is above the Law, not even a king. These essential principles are embedded into the law. During the American Revolution, these laws were used for asserting the liberty from the English crown. The same rights are the foundation for the Constitution, and guaranteed by it.

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.

A charter of liberties is really a symbol of freedom under law. The interesting thing is that it was called the Articles of the Barons at first, and as such sealed on June 15, 1215. The formal version named Magna Carta was issued by the Barons and the King four days after that, on June 19. The King has sealed it only to prevent the war. The Barons were mainly concerned about their rights. The war still broke out, but the importance of this document still echoes.

The original version of this document was written in Latin. Although there were 63 clauses, two of them are especially important. Clause 39 and clause 40 contain the basic human rights and freedoms under the law. These basic principles are contained in future legal systems in both Great Britain and America, and essential for the development of democracy known today.

The legacy of Magna Carta is clearly visible in the Bill of Rights. It shaped the entire Constitution, especially the Fifth Amendment, which clearly echoes this famous Clause 39. Written eight hundred years ago, this small, but enormously important charter of liberties is probably the most important document for the democracy in general.




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