In case you missed it, this year marks the 800th anniversary of the signing of the Magna Carta. You may vaguely remember from social studies class a hazy image of King John sitting down, surrounded by stick-thin knights carrying spears, signing parchment, but you may not have a full appreciation of the Magna Carta’s history, impact and continuing legacy — nor of its special importance for lawyers and our legal system.
So, what’s the story? Delve back into English history, circa 1166, and recall how King Henry II planned to divide the family empire in England and France into three parts: the eldest son would inherit England and Normandy, the second would receive Aquitaine, and the third would take Brittany. John (who would become king) was the fourth son later born into this clan.
The elder three sons rebelled, but things didn’t work out so well for the first two – one died of dysentery, another after falling off his horse – and so Henry II expected Richard (the Lionhearted) to share the inheritance with his younger brother, John. Richard had other ideas.
Long story short, after his coronation as King of England in 1199, John accepted some limits on his authority. By 1215, however, he had imposed onerous military and financial obligations on his barons, which provoked open revolt. The Magna Carta was their answer: a document designed to constrain the King’s abuses. The 63 clauses make for an interesting laundry list of issues of the day. But their impact is not just historical or of that moment.
The Magna Carta’s ideals shape and transcend history, language and geography. It remains a symbol of freedom, justice and of human rights in Western democracies. The fundamental concept – that nobody is above the law of the land, and that freedom is freedom under law – is essential to understanding the way in which the rule of law operates, and yet we too often take it for granted. As Winston Churchill noted, “Here is a law which is above the King and which even he must not break. This reaffirmation of a supreme law and its expression in a general charter is the great work of the Magna Carta; and this alone justifies the respect in which men have held it.”
The Magna Carta gives us the concepts behind habeas corpus (freedom from unlawful detention) and trial by jury. Other provisions are remarkably forward-looking. Certain women’s rights (freeing widows from compulsory weddings) and procedural justice (“ordinary lawsuits shall not follow the court around, but shall be held in a fixed place”) are but two examples.
Everyone – lawyers or no – will have a chance to learn a lot more about the historical document this year, as the Magna Carta Canada tour travels to Ottawa (June 12 to July 26), Winnipeg (August 15 to September 18), Toronto (October 4 to November 7) and Edmonton (November 23 to December 29), showcasing both the document and its wonderfully named companion Charter of the Forest in an interpretive exhibit.
This month, the American Bar Association’s special London Sessions will celebrate the 800th anniversary with panels on the influence of the Magna Carta on contemporary constitutions; on human rights; on the independence of the judiciary; and the fascinatingly titled “The Magna Carta: What If — Counterfactual Perspectives on US Legal History.” There’s also a rededication of the ABA’s Magna Carta Monument at Runnymede, where King John and the stick-thin knights signed the original, and a special exhibit at the British Museum carrying on through the summer.
This year, for your own edification, take the opportunity to dive into the origins of why we are able to do what we can do as lawyers, and why we can celebrate freedom under law. And be careful blowing out those 800 candles!
Paul Paton is the Wilbur Fee Bowker Professor and Dean of Law at the University of Alberta. He can be reached at [email protected].