Magna Cart The Great Charter

Magna Carta

The Magna Carta was an important legal document in feudal England, where despotism oppressed the masses. Magna Carta, meaning ‘The Great Charter’, is one of the most renowned documents in the world, it was originally sealed by King John of England as an expedient response to political pressure from revolting barons at Runnymede in 1215. The Charter outlined terms of a de facto constitutional settlement between the crown, the most influential families and the entire community. The original charter, contains 63 articles, which are mostly concerned with taxation, criminal justice, public administration and royal abuses of feudal customs. The Magna Carta established the principle that all men, including the monarchy, was subject to

Sir Edward Coke's asserts that Magna Carta “was for the most part declaratory of the principal grounds of the fundamental laws of England,” is that the doctrines in Magna Carta are common law principles. Jurisdictions with Imperial Acts like Victoria and Queensland enact chapter 29 of the Magna Carta. While Western Australia, South Australia, the Northern Territory and Tasmania theoretically have most of the Magna Carta in force. Even though the Charter is hypothetically in force as part of inherited Imperial statute law, it needs to be suitable for local conditions. Most of the Magna Carta of 1297 are specific to the times and have been repealed by the British in the 19th Century. Furthermore, in Australia there are jurisdictions to change the common law in the highest courts. It follows from this that even on the basis that Magna Carta is an expression of common law, the High Court of Australia, for example, was free in Jago v District Court of New South Wales to declare that in Australia there is no common law right to a speedy trial. In this case, the law in the charter (other than chapter 29) has been repealed since. It also follows that if Magna Carta is part of the common law of Australia it is uniform throughout the country. However, this argument for the Magna Carta as common law clashes with statutory material such

In legal and political history, there is a dispute as to whether Magna Carta represents the principled protection of human liberty or rather is a pragmatic declaration of baronial rights. The charter as a medieval text, if read narrowly within the grievances of a specific class displeased with King John, is simply an interesting artefact stipulating privileges endowed to the elite and are in the interests of aristocracy. This contextualised analysis of the Magna Carta reveals that many of its historical factors indicate “it was the product of a particular historical situation. ” The concept of ‘liberties’ embedded within the Charter, relies on feudal customs, meaning that a superior can remove rights for just cause. Therefore, universal inherent or civic rights cannot be attributed to the Magna Carta without historical plausibility. Rather, the charter laid out the terms for concession to a select group of nobles to use their feudal rights as they saw fit. Furthermore, the charter is specifically designed for English circumstance. Of the four articles that have not been repealed, two are not relevant to Australia. Chapter 1 is devoted to keeping the English church free, which has no implication in Australia where there is no established church. While chapter 9 is dedicated to upholding the