Monday, January 3, 2022

MAGNA CARTA; ITS PRINCIPLES AND PHILOSOPHY

 

The 1225 Civil Liberty Document was indeed an enlightenment. The document perceived, both as a legal source and political  administrative blue print has withstood the test of time even though it culminated in the British Civil War in the 13th Century.

The rights of men were guaranteed even at the point of the arguments of law that the Magna Carta provided. False imprisonment, oppression and tyrannical rule was placed in check through the instrument of the Magna Carta.

Undue taxation by the government ( the Monarchy) was radically challenged and the new structure of government was evinced where true and democratic power emanated from the people – democracy.

The Magna Carta was not just a mere document it was a set procedure for political organization, a source of law and civil liberties insulator.

This is the reference document that provided the motivation and guidance for emancipation from European Monarchical tyranny.

The American revolution of the 17th through the 18th century was equally informed by this law and governmental liberation by the precepts of the Magna Carta as the English Whigs imported the radical ideology of civil disobedience and demand for civic virtue and civic responsibility of the rights and liberties of the citizenry into the New Colonies from England.

The demand for justice and from unlawful imprisonment, the habeas corpus, writ of Mandamus, Certiorari, Judicial review and legal reforms owe their origins to the Magna Carta. Thomas Moore, was extricated when he presented his defense argument from the Magna Carta, same informs the American legal system – giving birth to the Bill of Rights, and later significant Amendments like the 13th Amendment, which ends slavery and 14th Amendment, which justifies equality of all men before the law.


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