Magna Carta Key Quotes

Three factors greatly facilitated the emergence of more inclusive political institutions following the Glorious Revolution and the French Revolution. The first was new merchants and businessmen wishing to unleash the power of creative destruction from which they themselves would benefit; these new men were among the key members of the revolutionary coalitions and did not wish to see the development of yet another set of extractive institutions that would again prey on them. The second was the nature of the broad coalition that had formed in both cases. For example, the Glorious Revolution wasn’t a coup by a narrow group or a specific narrow interest, but a movement backed by merchants, industrialists, the gentry, and diverse political groupings. The same was largely true for the French Revolution. The third factor relates to the history of English and French political institutions. They created a background against which new, more inclusive regimes could develop. In both countries there was a tradition of parliaments and power sharing going back to the Magna Carta in England and to the Assembly of Notables in France. Moreover, both revolutions happened in the midst of a process that had already weakened the grasp of the absolutist, or aspiring absolutist, regimes. In neither case would these political institutions make it easy for a new set of rulers or a narrow group to take control of the state and usurp existing economic wealth and build unchecked and durable political power.

narrative. The beginning of the rule of law4 – it is often said, and is largely true – in Britain coincides with the signing by King John of the Magna Carta (the Big Charter)5 in 1215. This has two key chapters, which make clear that a person cannot be punished without due process, and that such a process cannot be bought, delayed or denied. These are critical principles in our judicial system today. As it happens, Magna Carta was in force for precisely two months (when Pope Innocent III annulled it on the grounds it had been obtained by compulsion, calling it ‘illegal, unjust, harmful to royal rights and shameful to the English people’), and did not directly lead to modern jury trials in any significant way. As an articulation of principles of justice, it owed much to existing texts, such as the coronation oaths of Anglo-Saxon kings and the law codes of Henry I. The Pope also called Magna Carta ‘void of all validity forever’. He was wrong. It has survived as both a romantic gesture and a useful precedent6 to cite as our courts became more professional and individual rights became more established. The more significant, but less heralded, legal development came a couple of centuries later with the articulation of the principle of habeas corpus. The full phrase is habeas corpus ad subjiciendum: ‘may you bring the body before the court’, which sounds pompous or funereal. What it means, though, is that everyone has a right to be tried in person before being imprisoned. If someone is held by the state without trial, a petition using this phrase should get them either freed or at least their status interrogated by a judge. Two Latin words contain the most effective measure against tyranny in existence. As time progressed in this country, then, we see