Magna Carta is an interesting document. It is the first formulization of Old English Common Law which has its roots in the preceding 2,000 years encompassing both Celtic and Saxon Village law. It becomes more interesting when it is realized that it was signed by King John in 1215, 149 years after William I Conquered England and instituted the Norman Feudal System. You could make the case that Magna Carta represents the law of the people overcoming law instituted by a ruling government.
With Magna Carta, and since, there the clear principle that, in criminal cases, it is not only the right and duty of juries to judge what are the facts, what is the law, and what was the moral intent of the accused; but that it is also their right, and their primary and paramount duty, to judge of the justice of the law, and to hold all laws invalid, that are , in their opinion, unjust or oppressive, and all persons guiltless in violating, or resisting the execution of such laws.
Further, it is that the authority of the Magna Carta is in the people. This is beginning of recognizing that the people are the sovereign. In the years following Magna Carta this concept would continue to grow and evolve until one of the fruits from this tree became the Constitution of the United States, a document of Common Law recognizing the sovereign people, that is, the Law of the Land.
2007-02-06 22:51:55
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answer #1
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answered by Randy 7
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one of my favourites is Separation fo Religion and State.
The king of England is still the head of the Anglican church (Church of England) but now has to leave poliitics to the Prime Minister. Otherwise, "God is with me" is an excuse the head of state could use to do anything with the country.
2007-02-06 12:47:57
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answer #2
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answered by wizebloke 7
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