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Why is Magna Carta considered important to the rule of law?
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Magna Carta
Opening of the preamble to Magna Carta of 1215; in the British Library (Cotton MS Augustus II 106).
The Magna Carta is considered a cornerstone of the rule of law because it established the revolutionary principle that the sovereign is subject to the law rather than above it.123
By documenting the liberties of "free men" and requiring that the king adhere to established legal standards, the charter challenged tyranny and provided a foundational framework for individual rights. Its historical importance is anchored in several key contributions:123
- Due Process: Clause 39 of the 1215 charter, which mandated that no free man could be imprisoned or stripped of his rights except by the "lawful judgment of his peers or by the law of the land," became the bedrock of due process in Anglo-American jurisprudence.4
- Constitutional Governance: It served as a model for future legal developments, including the Petition of Right, the Habeas Corpus Act, and eventually the United States Constitution and Bill of Rights.24
- Symbol of Liberty: Beyond its specific clauses, the document became a enduring symbol of justice and a defense against oppression, inspiring generations to protect individual freedoms against arbitrary power.24