REFLECTIVE NOTE ON MAGNA CARTA, 1215 AND ENGLISH BILL OF RIGHTS,

1688

Two important documents that represent turning points in the fight for individual liberty, the rule
of law, and the restraint of monarchical power are the Magna Carta (1215) and the English Bill
of Rights (1688) as they continue to serve as the cornerstone of British Constitutional history. By
reflecting on these texts, one can gain a deep grasp of the enduring ideas they contributed to
establishing and the legacy they left for future generations, in addition to gaining a window into
the past.
Historical Background:
Magna Carta- Because the original text of the Magna Carta was written in Latin, it is also known
as Magna Carta Libertatum, or the Great Charter of Freedoms. It was first adopted in a rebellion
against their monarch, King John I, by some of the most illustrious barons of the thirteenth
century (24 December 1199 – 19 October 1216). John was extremely unpopular with his subjects
due to rising taxes, his excommunication by Pope Innocent III in 1209, and his costly and
fruitless attempts to reclaim his dominion in Northern France. Even though John was able to
mend his connection with the Pope in 1213, his unpopular fiscal policies and abortive effort to
overthrow France's Phillip II in 1214 and 1215 both resulted in a barons' uprising. The first half
of 1215 saw negotiations, but the king was not persuaded to put his great seal on the "Articles of
the Barons," which listed their grievances and specified their rights and privileges, until the
barons forcefully entered the King's London Court on June 10 with the support of Prince Louis
and the Scottish King Alexander II.
This historic event, which occurred on June 15, at Runnymede, a meadow on the banks of the
River Thames close to Windsor, was the first time a reigning king had been forced to give up a
large portion of their power. On June 19, 1215, the barons, for their part, reaffirmed their pledges
of fealty to the monarch. The official document that the Royal Chancery created on July 15th as
a record of this agreement was to be recognised in hindsight as the first Magna Carta.
The conflict between the autocratic authority of King John of England and the demands of the
English nobility for the defence of their rights and liberties resulted in the signing of the Magna
Carta in 1215. It was the first official attempt to restrain the power of the king and create
governing principles grounded in case law rather than capricious decree.
English Bill of Rights - King James II was overthrown in England during the Glorious
Revolution (1688–1689). Both religious and political factors spurred the revolt. Many English
people disapproved of the monarchy's absolute power and harboured mistrust towards the
Catholic king. Catholics and Protestants were at conflict, and there was a great deal of tension
between Parliament and the monarch. Mary, his Protestant daughter, and her Dutch spouse,
William of Orange, finally succeeded James II. The two rulers decided to provide Parliament
greater authority and powers, and they established a combined monarchy. The English Bill of
Rights, properly known as "An Act Declaring the Rights and Liberties of the Subject and
Settling the Succession of the Crown," was signed as part of this settlement. The Bill of Rights,
among other things, forbade King James II from misusing his position of authority and stated
that the monarchy could not rule without the approval of Parliament. It aimed to uphold
legislative sovereignty and protect individual rights in reaction to what was seen as abuses of
royal authority, especially in areas of taxes and religion.
Key Features
Magna Carta -
Limitation of Royal Power: The main goal of the Magna Carta was to restrain King John's
arbitrary authority. It declared that the king could not act without legal justification and was
subject to the kingdom's laws. This established the basis for the idea of the rule of law, which
holds that all people—including the king or queen—must obey the law.
Protection of Property Rights: Barons' and freemen's property rights were one of the main topics
covered in the Magna Carta. It made the monarch not take property without a valid reason and
via the correct legal channels. The foundation of property rights in English law was this idea of
defence against the arbitrary taking of property.
Creation of Legal precedent: The development of constitutional law has been influenced by
significant legal precedents set by the English Bill of Rights and the Magna Carta. They upheld
the idea that everyone should be treated equally under the law, regardless of rank or privilege,
and they offered a framework for using the legal system to settle conflicts rather than using
force.
Right to Due Process: Certain legal procedures and guarantees, including the right to a fair trial
by peers and the right to be judged in accordance with the law, were given by the Magna Carta.
It created the fundamental ideas that people should have access to legal remedy when their rights
are infringed and that justice should not be meted out arbitrarily.
Limits on Taxation: Restricting the king's power to levy arbitrary taxes was one of the Magna
Carta's most important clauses. It established the notion of legislative permission for taxation by
stating that the monarch may only impose taxes with the approval of his barons.
Bill of Rights
Parliamentary Supremacy: The English Bill of Rights affirmed parliament's superiority over the
monarchy. This was one of the document's main points. It established the primacy of elected
representatives over the king by confirming Parliament's power to enact laws and impose taxes.
Protection of Freedom of expression: The English Bill of Rights safeguarded the freedom of
expression and parliamentary debates. The idea of political accountability and free speech were
protected by this clause, which made it possible for members of Parliament to voice their
thoughts without fear of retaliation.
Prohibition of Harsh and Unusual Punishment: The Bill of Rights, which upholds the legal
principles of proportionality and humanitarian treatment, forbade the imposition of exorbitant
penalties and harsh and unusual punishments.
Right to Bear weapons: The English Bill of Rights included a crucial clause that recognised
Protestant subjects' right to keep and bear weapons for self-defence. This provision paved the
way for acknowledging individual rights to self-defence and resistance against tyranny.
Legacy and Significance
Both the English Bill of Rights and the Magna Carta have a lasting influence that goes much
beyond their own historical settings. They have influenced movements for democracy, human
rights, and constitutionalism all throughout the world, acting as role models for later generations
of reformers and revolutionaries.
The Declaration of Independence, the Constitution, and the Bill of Rights are American
documents that embody the values set out in these texts. They shaped the political structures and
judicial system of the country by becoming icons of liberty, justice, and the rule of law.
Furthermore, discussions about the extent of governmental power, the preservation of civil
rights, and the proper balance between the state and the person still draw heavily on the
principles outlined in the Magna Carta and the English Bill of Rights. They serve as a constant
reminder of the need of being watchful to protect our liberties and to hold those in positions of
authority responsible for upholding the values of justice and equality.
In summary, the 1215 Magna Carta and the 1688 English Bill of Rights are landmark documents
in the history of constitutionalism that laid the foundation for the creation of contemporary
governing theories and the defence of individual freedoms. Their legacy is a reminder of the
never-ending fight for equality, fairness, and the rule of law.