THIS year marks the 800th anniversary of the Magna Carta (Latin for “the Great Charter”), one of the most important documents in English history which, over the centuries, has had a profound influence on the evolution and process of governance in nations around the world.
The Magna Carta, handwritten in medieval Latin on untanned animal skin and sealed (not signed) on June 15, 1215, by King John III of England, was forced on him by a group of “rebel” barons.
Those nobles had waged war against the king because of his dictatorial rule, abrogating to himself absolute power; the arbitrary arrest, confinement, torture and killing of those opposed to the Crown, and imposition of taxes on the subjects, so that the king, his family and a coterie of “elite” close to him could enjoy rich, lavish lives.
The “Great Charter” established, for the very first time, the principle that everyone is subject to the law, even the king, and guarantees the rights of individuals to swift justice, fair trial, protection from illegal arrest and imprisonment, and prevents the levying of feudal payments to the Crown without the common consent of the kingdom.
A “council” of barons was instituted to oversee and compel strict compliance by the king, with penalties prescribed for any breach.
The spirit of the Charter is aptly captured in the words of one of its lines: “We will sell to no man, we will not deny or defer to any man either Justice or Right.”
The framers of the document, even 800 years ago, well understood the core principles of rule of law that should apply in any system of just governance — impartial and lawful enforcement, and dispensation of justice, including proportionality in sentencing and presumption of innocence; recognition of the people’s “voice”, and the supremacy of their will and basic rights.
These underpinnings are still fundamental today for any true democracy.
In fact, Nelson Mandela, in his infamous 1964 trial under the racist apartheid regime in South Africa, appealed to the Great Charter.
The early 17th Century English people’s Petition of Rights to oppose authoritarian, arbitrary rule by King Charles I, and the late 18th Century American Bill of Rights and, ultimately, the United States Constitution itself, all drew strong influences from the Charter.
The rights-based principles o f the Magna Carta are seen very clearly in the United Nations Universal Declaration of Human Rights, drafted in 1948.
In many parts of the British C ommonwealth, such as Australia and New Zealand, and in countries that gained independence f rom Britain, including ours,the respective constitutions and legislation reflect, to varying extents and degrees, the spirit of that Great Charter. However, it is unfortunate that around the world today, those very principles and rights are the subject of debate, controversy and much abuse.
More often than we would like, people in positions of power in many nations — even in so-called democracies—subvert those values, overtly or covertly.
Some reason that the threat to national security justifies stifling basic human rights.
But even way back in 1215, there was grave danger to national security with clandestine alliances, invasions and conquests being the order of the day almost everywhere. And yet, those authors of the Magna Carta were very insistent that personal liberties be protected.
Again, in many countries, we are witnessing new legislations that, in effect, remove the privilege against self-incrimination and give extraordinary powers to authorities to infringe and restrict an individual’s privacy and rights — all of which undermine the basis for a truly functioning democracy.
While laws might have to change with time, circumstance and environment, the fundamental principles guiding their creation and application should not.
Rather, those basic values must be reinforced and strengthened. Eight hundred years down the road, the Magna Carta is both an inspiration and a reminder to us.
It is a reminder of the achievement of those who stood up to an unjust ruler and affirm principles of universal validity to this day.
It is also an inspiration in that it encourages us to champion those same principles; to be vigilant in our defence of due process; and to assist others, wherever they may be, who are striving to realise those freedoms that constitute a true democracy.
Rueben Dudley , Petaling Jaya, Selangor