Magna Carta Influence On The Constitution Evolution Viewed

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.

The document served to erect a foundation for transformation of governments using the parliamentary module. It also resulted subsequently into the United States and Britain going for human rights declarations. Just by its mere aim of cupping the aristocratic powers, the emphasis on the rule of law was strengthened tremendously.

Towards the end of the thirteenth century the idea of a higher form of governing law was provided for. The notion was that no matter what no alteration could be effected on it irrespective of whether it is by the legislature or the executive. This concept was eventually adopted by the forefathers in the American Revolution. When we observe the United States constitution it is embedded in a supremacy clause and accordingly enforced by the judiciary.

Similarly we can relate this to 1215 whereby citizens and feudal lords in England were fed up with the then king. On losing land to the French he subjected his subjects to high taxes and oppression via power abuse. These subjects drafted the Magna Carta and compelled the king to accept or face the consequences which amounted to civil war. Despite it being more tailored to protect noblemen, in time its umbrella included all commoners too.

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.

When we view the deliberations at the European convention it is almost entirely embedded in the chapter 6. This part dwells on an individual right to be accosted with a trial that is fair, not forgetting the jurisprudence that will arise and provide more help to the judiciary in the UK to fulfill its mandate on justice administration. The emphasis on the legal process is a doctrine that outlines the limits of governmental action. It cannot be able to proceed without any form of legal authorization or arbitrarily in any respect.




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