Magna Carta: The Rule of Law and Liberty

2015 40 Australian Bar Review 212

10 Pages Posted: 29 Jan 2018

Date Written: June 15, 2015

Abstract

The evolution of the English Constitution between 1066 and 1688 turned on the tension between conflicting principles off political legitimacy. The first was as a grant from a sovereign --- best reflected tin the doctrine of the divine right of kings. The second was organic evolution over time, by pragmatic adaptation to the issues of the day --- best reflected in the evolution of the Magna Carta and its companion Forest Charter.

The Magna Carta played a central role between 1215 and 1688 in establishing the rule of law and the control of the abuse of official power. Its symbolic role was revived by Sir Edward Coke in the seventeenth century.

The contribution of the Charter to liberty was, at best, equivocal. Many provisions of the Charter are inconsistent with personal liberties.The Magna Carta is not the origin of contemporary human rights.The myth of the Charter, largely created by Coke, became more influential than its text. Nevertheless, it must be acknowledged as a critical text in the organic development of the common law over the centuries.

Keywords: Magna Carta, political legitimacy, rule of law, liberty, Sir Edward Coke, common law

Suggested Citation

Spigelman, James J., Magna Carta: The Rule of Law and Liberty (June 15, 2015). 2015 40 Australian Bar Review 212, Available at SSRN: https://ssrn.com/abstract=3105782

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