'Foundation of freedom' born 800 years ago

This month marks the 800th anniversary of what some describe as the most important document influencing the development of democracy - the Magna Carta Libertatum (Latin for "great charter of liberties"). It was essentially a peace treaty, signed under pressure at Windsor in June 1215 by an unpopular and corrupt King John.

The agreement was not with the citizenry as a whole, but with a group of wealthy English barons fed up with unreasonable taxation, seizure, and personal property limitations who threatened revolt. Nevertheless the Magna Carta represents a historic limitation of the king's power, an unprecedented statement that individuals governed are entitled to certain rights which are not subject to the whims of a governing authority. Seeing the wisdom of a pacified public, subsequent monarchs renewed it (with some changes). Many of its provisions were later incorporated into law as the English parliament emerged and evolved.

Centuries later, the principles in the Magna Carta influenced the new American colonies and the federalists, finding their way into the U.S. Constitution. These include the ideas of separation of church and state; habeas corpus, or the right to a hearing after arrest; citizen consent to taxation (via representation); establishment of permanent courts; and due process considerations - punishments which fit the crime, limiting police powers, and limitations on property seizures.

Other provisions in the Magna Carta later incorporated into laws relevant today include protections for minors under guardianship; the requirement of corroborating evidence when one is accused; debtor protections; and probate processes (the disposition of property after death) in cases without a will.

Modern English Baron Alfred Denning, a lawyer, judge, and late member of the House of Lords, called the Magna Carta "the greatest constitutional document of all times - the foundation of the freedom of the individual against the arbitrary authority of the despot."

Not bad for 800-year-old ideas.

Sholeh Patrick, J. D. is a columnist for the Hagadone News Network. Contact her at [email protected].