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Running Head: MAGNA CARTA

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Magna Carta 2

Magna Carta: Influence on Law

The Magna Carta greatly influenced the development of the written constitution, as well

as the concept of the rights of a citizen. Laid birth in 1215 and signed by King John of England,

the Magna Carta limited the king’s power and granted some of that power to the nobles –

ensuring that even the king was not above the law (NARA). In time, the Magna Carta affected

not only the creation of democracy, but also impacted the court system. And gradually, the rights

granted to the noblemen trickled down to form the rights of all citizens as well.

The Magna Carta plays a vital role in governing the United States of America today, such

that it helped eradicate the concept of ‘absolute authority’ of the President; and put in place

restrictions on the federal government to ensure protection of rights (Ely, 2007). The preamble of

the U.S. Constitution makes it clear that the government’s power stems from the people of the

nation. And so power was taken away from the presidential seat, and given to representative

bodies such as the Congress or the House of Representatives.

Of the greatest principles derived from the Magna Carta, and the longest faring influence,

is the concept of ‘due process of law’. Though refined over time, the most recent version of this

concept can be seen in a provision in the 5 th Amendment of the U.S. Constitution – “No person

… shall be deprived of life, liberty, or property, without due process of law” (Templin, 1998).

In essence, our constitution and declaration of rights can very well be seen as descendents

of the Magna Carta. Without the existence of the Magna Carta, the United States Constitution or

the Declaration of Independence, and some aspects of common law, may not have seen the light

of day. It reinforced that human rights were not be overruled by governments, and laid

supremacy in the law of the land – rendering no individual or government above the law (Holt,

1992).
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References

Ely, J. W. (2007). The Guardian of Every Other Right: A Constitutional History of Property

Rights (Bicentennial Essays on the Bill of Rights). USA: Oxford University Press.

Holt, J. C. (1992). Magna Carta. 2nd ed. New York: Cambridge University Press.

Templin, Diane B. (1998, November 3). Life, Liberty, Property Shall Not Be Deprived Without

Due Process Of Law. Retrieved September 14, 2009 from

http://www.smartvoter.org/1998nov/ca/state/vote/templin_d/paper3.html

US National Archives & Records Administration. The Magna Carta. Retrieved September 14,

2009 from

http://www.archives.gov/exhibits/featured_documents/magna_carta/legacy.html

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