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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.

Although it was designed to protect rights and properties of English aristocracy, there are two really important principles expressed in this document that shaped the entire history. The first one says that no man cannot be prosecuted or deprived of the rights and freedoms, or harmed in any other way, by anyone's will, except by the law. This principle is now contained in the Fifth Amendment to the Constitution.

Clause 40 contains one very important sentence. It says that all people have rights and the right on justice. No man is above the Law, not even a king. These essential principles are embedded into the law. During the American Revolution, these laws were used for asserting the liberty from the English crown. The same rights are the foundation for the Constitution, and guaranteed by it.

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.

The Great Charter is definitely a symbol of freedom under law. Although it was actually sealed on June 15, 1215, this first document was called the Articles of the Barons. The King and the barons issued a formal version four days later, on June 19, 1215. Even its goal was to prevent the war, a civil war happened within three months. The final version of this charter of liberties was issued in 1225.

The original document was written in Latin, and it was concerned about various rights of aristocracy. These 63 clauses are actually the first written constitution in the history of democracy. The most famous clauses 39 and 40 are included in numerous Laws and Constitutions. For example, clause 39 was included in the Petition of Right, in 1628. Numerous other legal acts contain these same principles.

The legacy of Magna Carta is clearly visible in the Bill of Rights. It shaped the entire Constitution, especially the Fifth Amendment, which clearly echoes this famous Clause 39. Written eight hundred years ago, this small, but enormously important charter of liberties is probably the most important document for the democracy in general.




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