Magna Carta is a cornerstone of the individual liberties that we enjoy, and it presents an ongoing challenge to arbitrary rule. But over time, while not envisaged at the time of its drafting, Magna Carta has for many been seen not only as a foundation of liberty, but also one of democracy. And this broader notion of the wider significance of Magna Carta makes it especially relevant today. It is perhaps easiest to think of Magna Carta in two ways: first, as a document of historical and legal significance; and secondly, as a principle underlying how we live, through equality under the rule of law and through accountability. Magna Carta matters both for what it said in 1215 and, perhaps more significantly now, for what it has come to symbolise.
Magna Carta as a source of liberty
The continuing importance of Magna Carta as a source of liberty is well established. One of the key provisions in the 1215 Charter was that imprisonment should not occur without due legal process. This also established the idea of trial by jury. Clause 39 of the 1215 Charter states that: ‘No free man shall be arrested or imprisoned … or exiled or in any way ruined … except by lawful judgment of his peers or by the law of the land.’ This effectively established the principle of the rule of law, protecting individuals from arbitrary punishment. Of course, that’s not to say all men were therefore free — the feudal system of the time saw to that. But, as with many aspects of Magna Carta, it’s what this principle subsequently helped inspire that makes the Great Charter still relevant today.
