Read The Times Australia

Daily Bulletin

Magna Carta at 800: we are still enjoying the freedoms won

  • Written by: The Conversation
imageRemembering the past at the Magna Carta memorial at Runnymede. Tim Ockenden /PA EDI

Around 20 miles from central London, where modern-day government and democracy shape the lives of citizens throughout the United Kingdom, the Thames meanders peacefully through nondescript English countryside. This is just another part of the green and pleasant land that has come to define much of these shores.

Except that there’s something rather different about this rural corner of England. These riverside fields at Runnymede are reputed to be the setting for one of the most significant moments in UK democratic and constitutional history. The National Trust labels it “the birthplace of modern democracy”, while an impressive monument commemorates a “symbol of freedom under law”. It was here, of course, that the Magna Carta is said to have been sealed on June 15 1215 under the title of the “Great Charter”.

Bad King John

The catalyst for Magna Carta was the tyrannical rule of King John and, in particular, his imposition of arbitrary taxes upon the barons. The sealing of Magna Carta marked the first time that the notion that an unelected sovereign should be restrained under law was officially recognised. From then on, the idea that citizens should not be subjected to the arbitrary rule of a tyrannical monarch but instead be ruled and governed upon foundations of accepted legal process and law had a legal foundation.

This was, in essence, an evolution of the Aristotlean idea of the supremacy of law in preference to the supremacy of man. Such a concept is today known as the rule of law and Magna Carta is widely accepted as being the birth of such rule in the UK constitution. So, a big moment.

imageKing John.

Of course, understandings of the rule of law have altered and developed from that determined by King John’s subjection. Theorists and academics have, over the centuries, debated and set out contrasting views as to what Magna Carta means in practice.

Adherence to the rule of law is now believed to demand more than due legal process in preference to arbitrary rule. It now (for example) demands the equal subjection of all people – whatever their rank or position – to the ordinary law of the land; the appreciation and protection of individual rights and liberties and the ultimate ability of all citizens to be able to conduct themselves freely in a system guided by law and legal principle.

Modern Magna Carta

To say that the modern UK constitution is one that adheres to the basic principles of the rule of law is to state the obvious.

That said, the UK constitutional system is markedly different from that which prevailed in the early 13th century. Monarchical legal power is virtually, if not completely, non-existent. Legislative and executive functions are in a sense fused through an institution built upon democracy and universal adult suffrage. The needs of citizens are fundamentally more diverse and complex than they were 800 years ago.

imageOne of four known surviving 1215 exemplars of Magna Carta.

Consequently, the system involves a great deal more discretionary authority than traditional rule of law theorists might find acceptable. As well as this, competing interests and concerns of the state often demand difficult balances and compromises to be struck between pressing political matters and concerns on the one hand, and individual liberties and core values of due process on the other. Even these occurrences are carefully regulated and debated as part of a constitutional system that, while highly peculiar, is adaptable and flexible to the constantly shifting needs and concerns of society.

The core values set out by the Magna Carta, therefore – due legal process over arbitrary power and the freedom to act within a system guided by legal principle – are still very much at the heart of our constitution, even if that system has evolved and changed beyond all recognition.

Over the centuries most of the Great Charter’s clauses have been repealed. Only three of the original 63 clauses remain in force: those providing for the freedom of the Church of England; the protection of the liberties and free customs of the City of London; and the protection of individuals from imprisonment or punishment without due process.

But the legacy of Magna Carta runs much deeper. The establishment of the rule of law at Runnymede 800 years ago went on to inspire and shape the development of the UK constitution and, indeed, the constitutions of democratic systems the world over.

John Stanton does not work for, consult to, own shares in or receive funding from any company or organisation that would benefit from this article, and has no relevant affiliations.

Authors: The Conversation

Read more http://theconversation.com/magna-carta-at-800-we-are-still-enjoying-the-freedoms-won-41928

Business News

The Rise of Digital Marketplaces in the Australian Trade Sector

For decades, the Australian trade and construction sector operated almost entirely on word-of-mouth recommendations and local community networks. Small business owners typically relied on local newspa...

Daily Bulletin - avatar Daily Bulletin

How Immigration Lawyers Can Help

Introduction Visa decisions can shape employment, family life, study plans, travel, and future residence. A small omission can lead to delay, added expense, or refusal. Immigration lawyers assess l...

Daily Bulletin - avatar Daily Bulletin

How Industrial Drying Equipment Supports Efficient Processing

Many industrial processes require moisture to be removed from compressed air, products or process materials before they move to the next stage. Excess moisture can affect equipment performance, produc...

Daily Bulletin - avatar Daily Bulletin

Practical Ways a Whiteboard Can Improve Workplace Communication

Effective communication helps teams stay organised, share ideas and keep track of important information. While digital tools are now common in many workplaces, a whiteboard continues to provide a simp...

Daily Bulletin - avatar Daily Bulletin

Designing Eco-Friendly Custom Water Bottles for Your Next Event

The Evolution of Sustainable Event Merchandise Event planning has undergone a massive transformation over the last decade. Gone are the days when organizers could hand out cheap, single use plastic...

Daily Bulletin - avatar Daily Bulletin

Why Choosing a Professional Florist Melbourne Makes Flower Delivery Impactful

Flowers have a great power to speak when humans cannot express their feelings with right words. Flowers are the best gifts when you are celebrating a birthday or welcoming a newborn child into your fa...

Daily Bulletin - avatar Daily Bulletin

The Business Case for Choosing Australian Fabricators Over Imported Alternatives

For a long time, you might have defaulted to overseas suppliers when sourcing fabricated metal components for a project. The unit price was lower on paper, and the maths seemed straightforward. That...

Daily Bulletin - avatar Daily Bulletin

Australian organisations are relying on business continuity plans built for a far more predictable world

Tariff escalations, supply chain fragility, geopolitical events, and the ongoing threat of cyber disruption have reshaped the risk environment facing Australian organisations. The problem is that ma...

Daily Bulletin - avatar Daily Bulletin

How to Rent a Car for Uber in Melbourne: What Every New Driver Needs to Know

Starting out as an Uber driver in Melbourne is not as complicated as it sounds but getting the vehicle right is where most new drivers get stuck. Uber has strict requirements around vehicle age, condi...

Daily Bulletin - avatar Daily Bulletin

The Daily Magazine

What Businesses Can Do to Make Sustainability More Practical Day to Day

Sustainability can sound like a huge corporate project, something tied to annual reports, long-term ...

The Hidden Logistics Behind a Smooth-Running Construction Site

A construction site can look chaotic from the outside. There are machines moving in different direct...

When a Temporary Work Arrangement Starts Looking More Permanent

A lot can change once someone has spent a few years working in the same place. What began as a fixed...

The Real Cost of Launching a Food, Beverage or Supplement Brand in Australia

"How much will it cost to manufacture my product?" is usually the first question a founder asks, a...

Why Aussie Car Owners Are Switching to Paint Protection Film Over Traditional Waxing

For decades, a tin of carnauba wax and a Sunday afternoon were the standard formula for keeping a ...

How Wide Should Running Shoes Be? Signs Your Shoes Are Too Narrow

Running shoes should be wide enough for the forefoot and toes to sit naturally under load, but not...

Trail Running Shoes vs Hiking Shoes: Which Is Better for Australian Trails?

Australia does not offer one neat definition of a “trail.” A weekend walk might mean a hard-packed...

Architectural Window Shading: Solutions for Triangle Blinds, Raked Glazing, and High Ceilings

Mastering Light and Privacy with Specialized Window Coverings Modern architectural de...

From Suburban Streets to Modern Events: Why Australians Still Love the Ice Cream Truck

Did you know Australia consistently ranks among the world's highest ice cream-consuming countries? ...