Magna Carta's Impact: Shaping English Constitutional Law

The Genesis of Magna Carta

King John's Reluctant Concessions

Though King John spoke of advising, he favored the barons only because he had no other choice after losing a civil war. The first and most important declaration was the liberty of the Church: from 1215 onward, the king was not to interfere with the Church. Pope Innocent III, with whom John had famously quarreled, played a significant role. Despite the king's assertion that his decision was voluntary (“of our own free will”), it is known he was forced to sign the Great Charter after a war with the Church and the barons.

Enduring Principles for Future Monarchs

The rules in this document applied not only to John but to all succeeding monarchs. This is why it reads “for us and our heirs in perpetuity,” ensuring its lasting impact.

Pillars of Justice and Accountability

Safeguarding Fair Trials (Clauses 39 & 40)

Clauses 39 and 40 addressed Justice. Trial by jury, introduced by John's father, Henry II, known as the “Lion of Justice,” had been misused. This led the Charter to address issues like bribery, aiming to ensure proper legal proceedings.

The Barons' Oversight: Clause 61's Innovation

Clause 61 introduced a significant novelty in Medieval England: the king promised the creation of a group of twenty-five barons who would serve as supervisors for the application of the rules in Magna Carta. This article remarkably assumed the king was not infallible, acknowledging he could commit mistakes and abuses and be held accountable. To ensure the king's duties were not evaded, a limit of forty days was set, after which the barons could seize his properties if he failed to rectify his error.

Magna Carta's Lasting Legacy

A Foundation for Constitutional Rights

Despite its primitive and rudimentary nature, Magna Carta became the foundational document for constitutional rights in English history.

Influence on Modern Democracies

It served as inspiration for modern constitutions and was used as a model for the U.S. Founding Fathers.

Expanding Rights: The Provisions of Oxford

Henry III's Reign and Barons' Rebellion

After John's death, his successor Henry III's favoritism towards foreigners and exclusion of barons from royal councils ignited a rebellion led by Simon de Montfort.

Birth of a Primitive Parliament

In 1258, they compelled the king to consent to the Provisions of Oxford, an expansion of Magna Carta that placed power in the hands of a council of 15 members tasked with supervising royal administration. For the first time, the English Crown recognized the rights and powers of a nascent Parliament.

The Significance of English Language

Unlike Magna Carta, the Provisions of Oxford were written in English. This use of the English language symbolized the Anglicization of the English government and served as an antidote to the Francization that had occurred after the Norman Conquest. These documents aimed to remedy the abuses of Henry's government and are often regarded as England's first written constitution.