Magna Carta And The Birth Of The Rule Of Law

     The original Magna Carta, signed by the Barons and King John at Runnymede, celebrated it’s 800^th birthday ten years ago. Along with the Charter of the Forest, they became the foundational documents of the Anglosphere and of American reverence for the Rule of Law.   It still serves a central role as one of the pillars of American law, and indeed the very fabric of our society.

“Constitutions are seldom self-reinforcing in the very long run. The Roman Republic was the longest lasting and most successful regime in antiquity. But its numerous devices for preventing one-man rule eventually could not stop Julius Caesar and Gaius Octavianus. A similar account applies to the institutions of medieval city-states such as Florence and Venice.

“Similarly, the institutions that supported democracy and the rule of law in the 20th century may need to be reworked to meet the challenges of the 21st. In order to inspire the American Revolutionaries in the 18^th century, Magna Carta had to be revived and reinterpreted in the 17th century by English Parliamentarians. The preservation of the rule of law may require similar acts of imagination and courage. If we do need to reinvigorate or reform our own institutions, we should not neglect critical episodes in English history such as the background to the Magna Carta in the 13th century and to the conflicts between crown and Parliament in the 17^th century for guidance.

“There have been countless oppressive rulers throughout history. What distinguishes the barons of 1215 is that they coalesced around general principles (as well as some specific demands). Rather than replacing a bad ruler with ‘their guy’, they had thought deeply about the roots of the crisis they found themselves in. Our present moment may require a similar level of reflection.”

     However, the definitive version was that signed by King John’s son, Henry III, was adopted 800 years ago this year. And it is that version that became the foundational document of the English Speaking Peoples.

     Why is this version so important?

     It was the version that firmly affirmed the Rule of Law being above the Rulers or representatives—that all, rulers and ruled, were all equally bound by, and to, a higher law of a heritage, not only ofo people of a particular land, but to all those share the values and precepts of all those who share it common, rather than derive it from a collective. During the 2^nd Barrons War, both the barrons and king’s son, who later became Edward I, basing their competing claims on legiance to the same document—the Manga Carta of 1225.

     From time to time, we should remind ourselves just how special, and rare almost to the point of uniqueness, that was—and how precious it still is.