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Jumat, 24 Oktober 2014

Celebrating The Birth Of Democracy - 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.

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.

One of these principles guarantees the right for justice, for example. In fact, these clauses were used as an inspiration for writing the American Constitution. Even more, thanks to these clauses, American colonists had a right to demand their own freedom and independence from the English crown. All these important principles of rights and freedoms are embedded into laws.

When it comes to democracy, this is probably the most valuable document ever written. This was the first written constitution, and it was the first time that it was evident that even the king cannot be above the law, in this case the Common Law. These two famous clauses, 39 and 40, are the most important contribution of Great Britain. That is why this anniversary is actually celebrating the birth of democracy.

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.

The first document sealed on June 15, 1215, was actually named The Articles of the Barons. The formal version was called the Magna Carta and issued on June 19, 1215. King John was not very happy to sign this document, and he only did it in attempt to prevent the civil war. Three months later, the civil war broke out. The Great Charter was reissued for a few times, with the final version issued in 1225.

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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