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mercredi 29 octobre 2014

Detailed Magna Carta Influence On The Constitution

By Dominique Martin


The spirit of the Magna Carta has been kept alive for the hundreds of years after its inception. This has mostly been done by lawyers and legislators. The Magna Carta influence on the constitution as a document is an enduring significance.

The document has been strongly conceptualized with human rights, a modern day international necessity. Nowadays as we view modern law there are a lot of similarities in its likening to the charter. Emerging grievances that that were fuel for the creation of these documents had become more of a worldwide concern.

The international community had to resort to put down in writing the inherent individual rights that do ensure their protection. The Universal Declaration attests to justice, freedom not forgetting world peace. When we view the principles the legal process of constitutionalism is increasingly highlighted in modern democratic nations.

One of the significances of this document on the constitutionalism is largely in regard to freedom and power. Its setting largely emanates from a time in which the concentration of ultimate power was vested on a single rulers hands. Long ago the incessant conflicts of succession that preceded a king death was very unfortunate and distractive. This was before primogeniture. The precursor to its adoption in England was so as to prevent the future exploitation of the people as experienced under the Angevin Kings. With a heavily centralized administrative system on trade taxation most of these subjects demanded assurances that everything was ethically conducted not forgetting the preservation of their liberties.

The documents that dwelled on human rights are in several ways connected to this certain document. Firstly it is argued that the development of natural rights theories can be attested to it. Secondly, it should be noted that this document has strongly been embedded in the constitution of the United States.

The unorthodox exercise of power by the monarchies or dictators more contemporarily have been checked by borrowing this charters ideals. For instance the clause on the prevention of arbitrary arrest, imprisonment, outlawed or subjected to exile. However they should instead be subjected to existing laws of land or judicial judgments of their peers.

There was no better way in history that the rule of law or constitutionalism process has been accorded with much significance as during the manifestation of Magna Carta. Different scholars have always given their various assessments on the same, with many claiming it was due to a societal structural shift. In the end the powerful centralized administrations eventually would have to accept that the power bestowed to government should always be exercised in line with custom, principle and law.

The next instance that anyone would marvel at our highly representative democracy, constitutionally-driven government, and the bill of rights not forgetting the rule of law that is reveled in many nations worldwide; a sneak reminiscence of the document that claims the inception of the idea should be remembered. A good number of its statutes may not be applicable nowadays. Despite this the ability of citizens to guarantee their rights presented a monumental advance in the formation of our modern democracies




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