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vendredi 24 octobre 2014

Magna Carta Anniversary - The Birth Of Democracy

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.

The second essential principle contained in a charter of liberties is equally resonant. 'To no one will We sell, to no one will we deny or delay, right or justice.' Rights guaranteed in this document are embedded into the laws and served as an inspiration, but also as justification to the colonists during the American Revolution. The Constitution was based upon these guaranteed rights to all men.

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.

The Great Charter placed King John and all England's future sovereigns within a rule of law. Reissued for several times, this document has served as a foundation for the English system of Common law. The Founding Fathers of the United States of America used this famous charter of liberties for asserting their own liberty from the English crown in 1776.

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 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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