The Magna Carta and Bill of Rights: A step Foward

The rule of law is an idea that requires a series of social and political values. First of these is the concept that law should govern society, rather than society existing in a state of anarchy. Secondly, the idea that everyone should be equally subject before the law. Thirdly, that there should be a separation of powers between the legislature, judiciary, and executive. Fourthly, that the application, promulgation, and procedure of laws are evident. And lastly, that those whom make the law should be democratically elected so that all people have at least an indirect involvement to the manner they are governed. These concepts were introduced with the creation of the Magna Carta and also in the Bill of Rights.

Although primitive and intrinsically exclusive to the powerful aristocracy, t

However, the achievements of the Magna Carta were breached when James I attempted to involve himself in the courts, and again when Charles I dispensed with parliament completely. Despite the courts attempts to maintain separation between the King, Parliament and the courts evidenced through the Case of Prohibitions del Roy and the Case of Proclamations, increasing pressure on the courts led to the invention of ‘prerogative’ powers of the King. These powers would act to supersede the provisions of the Magna Carta that called for independence, consistency and fairness in the judicial system and the separation of the executive in legislative matters, ultimately undermining the ideological purpose of the Magna Carta.

The Magna Carta aimed to restrict the power of the Monarchy and bestowed more power to the barons. The Magna Carta led to the rising influence and power of the baron’s. These powers included a primitive system of exclusive parliamentary election (s61), and rights held only for the socially elite (s2,14). The Magna Carta achieved a consultative government whereby parliament, comprised only of the socially elite, acted as an advisory body for the executive, the Monarch. This deliberately excluded any political rights for the peasants, to the benefit of the aristocracy whom now held influence to direct issues such as taxation (s12). In 1414, it was decreed that no new law could be made without the assent of parliament.

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