Friday, October 24, 2014

Magna Carta Influence On The Constitution Evolution Viewed

By Dominique Martin


We all know that the Magna Carta is a highly celebrated document that played a pivotal role in its contribution to the rule of law. Amazingly enough this point of view strengthens even more when we view it from the contemporary view. Magna Carta influence on the constitution is the determinant to it getting to be referred to as great.

The document has been strongly conceptualized with human rights, a modern day international necessity. Nowadays as we view modern law there are a lot of similarities in its likening to the charter. Emerging grievances that that were fuel for the creation of these documents had become more of a worldwide concern.

Looking at it from many respects, this charter overcomes the distinct confinement to politics or law. It is more representative of the commitment of the monarchs, legislators as well as the judiciary to the legal process. Its implications were strongly tied to both the Australian and British constitutions. However it would be prudent to note that it resonates well with modern law still.

For anyone to ignore or dismiss the contribution and relevance of the Magna Carta on human rights in the modern era, it would be quite unfortunate. It can be likened to a sort of beacon that upheld the rule of the law. There is a pronounced emphasis on the upholding of peoples individual liberties. Therefore, its plays an important role in ensuring that the rights of individuals are adhered to.

The documents that dwelled on human rights are in several ways connected to this certain document. Firstly it is argued that the development of natural rights theories can be attested to it. Secondly, it should be noted that this document has strongly been embedded in the constitution of the United States.

At the United Nations they eventual adoption of a Universal Declaration focused on uniting common traditions and values of various nations. We however see its implications of the Magna Carta chapter 29 by the fact that no one should be subjected to detention, arbitrary arrest or exile altogether. On the spirit of the document, its resonance via modern day human rights declarations is more than an enough indicator that it does not require any form of scorn. The strong relationship between the contemporary human rights protections have created a whole new dimension.

Its legacy has been inherited in different countries for instance Australia. This occurs via application of common law. Nowadays it seems to auger well with the common doctrines of law dwelling on emphasis on particular legal process and the accessibility to attain justice. It has previously been referred to as the groundwork of all modern day constitutions.

When we view the deliberations at the European convention it is almost entirely embedded in the chapter 6. This part dwells on an individual right to be accosted with a trial that is fair, not forgetting the jurisprudence that will arise and provide more help to the judiciary in the UK to fulfill its mandate on justice administration. The emphasis on the legal process is a doctrine that outlines the limits of governmental action. It cannot be able to proceed without any form of legal authorization or arbitrarily in any respect.




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