Why we still need Magna Carta
June 16, 2015 00:09
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 recognized. 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.
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.
Read full story HERE.
TOP STORIES
© 2024 Rediff.com - Investor Information - Advertise with us - Disclaimer - Privacy Policy - Feedback - About us - Terms of use - Grievances