The Magna Carta: An Invaluable Asset to Legal Development
| Author | Aliza Gold |
| Position | LLB (JD) (Soton), BA Hons |
| Pages | 72-76 |
S.S.L.R
Vol.10
72
The Magna Carta: An Invaluable Asset to Legal Development
Aliza Gold*
Abstract
For centuries scholars have debated the Magna Carta’s importance, questioning if its apparent paramountcy and
notability is justified. The Charter’s chapters initially favoured the interests of the aristocracy and the Church
beyond those of the general public. Nevertheless, the Magna Carta seemingly marked a paradigm shift in legal
and political theory that remains relevant to modern governing systems. This article explores this legacy and
discusses the theoretical and practical developments that were born in its wake. From establishing the rule of law
to acting as a symbol of democracy, the Magna Carta lives on in contemporary campaigns to curtail absolute
power.
Introduction
n 1215 the barons in England rallied together and pressured King John into sealing the
Magna Carta, the Great Charter.
1
This document is known throughout the world as the
origin of the rule of law and myriad vital principles that govern the legal system of the
United Kingdom.
2
However, scholars have begun questioning whether that document was
merely a feudal regulatory manual
3
instead of a paragon of doctrinal virtue. This article
explores the purported importance of the Magna Carta by describing the historical context and
intentions behind its conception, followed by a critical evaluation of its outcomes, and a
discussion of its impact on legal theory and global precedents.
Historical Context and Intentions
The Magna Carta is a charter drafted by the barons in an effort to rein in the prerogative powers
and abilities of the monarch.
4
Two main drivers incited the creation of the Magna Carta:
increased financial pressure on the barons and a plethora of conflicts that King John
exacerbated with the Church.
5
To fund the military campaigns and wars, the Crown imposed
heavy taxation and increased their control over the justice system to access fines, payments,
* LLB (JD) (Soton), BA Hons
1
Nicholas Vincent, ‘Kingship and Crisis’ in Claire Breay and Julian Harrison (eds), Magna Carta: Law, Liberty,
Legacy (British Library 2015).
2
Duncan French, ‘Magna Carta and envi ronmental justice: “A par adoxical motif in a modern context”’ (2015)
23(2) 39.
3
Alexander Lock and Jonathan Sims, ‘Invoking Magna Carta: Locating Information Objects and Meaning in the
13th to 19th Centuries’ (2015) 15(2) Legal Information Management 74.
4
Glenna Robson, ‘Fine Words Butter No Parsnips’ (2008) 172 Criminal Law and Justice Weekly 181.
5
Vincent (n 1).
I
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