Magna Carta: Celebrating a great charter of liberty

Last month, on June 15, the world marked the 800th anniversary of Magna Carta. In the UK, Queen Elizabeth rededicated the Magna Carta memorial at a colourful event attended by, among others, 750 American lawyers, led by the US attorney-general Loretta Lynch. The Americans adore Magna Carta because it’s the foundation of their political and legal institutions. But the charter has relevance beyond the UK and the US. Across the Commonwealth and the world at large, its significance is recognised, as the Chief Justice of Canada Beverley McLachlin pointed out in a lecture at Gray’s Inn on “The Relevance of Magna Carta Abroad”.

Magna Carta owes its origin to a conflict between English barons and King John in the 13th century. The king was making repeated and excessive demands for money (via taxes and levies) and soldiers to fight wars. Fed up with this, the barons rebelled and demanded new laws and freedoms to limit the power of the king. To prevent civil war between him and his barons, King John acceded to their demand, and met the 25 rebellious barons to negotiate a settlement. The result was the Magna Carta, a peace treaty signed on June 15, 1215 at Runnymede on the banks of the River Thames.

Thus, at the heart of Magna Carta was the quest for freedom, for limits on the power of the king or the State. Significantly, the charter altered the balance of power between the governed and the government. It entrenched the idea that no power is unconditional or absolute, and enshrined the principle of liberty from state control. Furthermore, even though it was a settlement between the king and the barons, it still contains provisions that benefit everyone. Put simply, Magna Carta is a charter for social and legal justice and individual liberties.

Take the power of government. Clause 12 of the charter established for the first time the principle of “no taxation without representation”, a cornerstone in all modern parliamentary democracies. Also central to Magna Carta are the imperatives of justice and the rule of law. Thus, it sets out, in clause 20, the principle that punishment should be in proportion to the crime committed; in clause 39, the principle of fair trial; and, in clause 40, that of speedy and timely justice (after all, justice delayed is justice denied!). Traders and merchants also benefitted from Magna Carta. Clauses 28, 31 and 41 protect the freedom to trade and provide safeguards against fraudulent and unscrupulous commercial activities. Clause 1 protects religious freedom. Children’s rights are core to Magna Carta. So are the rights of women. Both are protected in Clauses 4 and 8 respectively.

All of these rights may seem sensible to us today, but prior to the birth of Magna Carta English kings were deemed to have divine authority, and exercised absolute power. Magna Carta stopped that. However, the charter has an enduring relevance not only because of its provisions but also because of how they have been used over the past 800 years. The principles of limited government, of individual liberties, and of justice and the rule of law that the charter embodies have helped to shape the world. Magna Cater has had extraordinary influence on political and constitutional developments in many countries and, on the whole, has made the world a fairer place. Take a few examples.

The American Revolution and later independence were inspired by Magna Carta. The American colonists took up the charter as a rallying call (“No taxation without representation”) when they rebelled against King George III of England in the 18th century. And when they became independent, the colonists enshrined Magna Carta’s principles of freedom and liberty into their own constitution. For instance, the US constitution starts with the phrase “We the People …” and truly reflects this with several provisions protecting individual liberties and curtailing government powers. Around the world, people who fought for freedom or against injustice invoked Magna Carta to make their case. From the slave trade abolitionist William Wilberforce to the suffragettes who fought for women’s right to vote; from the civil right activist Martin Luther King to the anti-apartheid icon Nelson Mandela – they and their followers justified their actions by appealing to Magna Carta. And, as a crowning glory, the United Nations adopted the Universal Declaration of Human Rights in 1948 following a campaign led by former American First Lady Eleanor Roosevelt who called for an “international Magna Carta for all mankind”.

Magna Carta’s influence on legal systems across the world has also been extraordinary. In the late 17th century, England enshrined clause 39 of the charter, which provides for fair trial, into law by the Habeas Corpus Act of 1679. This became the norm across the world. For instance, in Nigeria, Chapter IV (Fundamental Rights) of the constitution incorporates the Magna Carta principles by providing for fair and timely hearing in both civil and criminal cases. Indeed, Nigeria’s constitution mirrors the Magna Carta ideas in many ways especially with the provisions under Chapter II (“Fundamental Objectives and Directive Principles of State Policy”) and the declaration in section 17(1) that “The State social order is founded on ideals of Freedom, Equality and Justice”.

Sadly, however, although Nigeria reflects the letter of Magna Carta in its constitution, it often does not follow the ideals of the great charter in practice. Justice is still delayed and denied to the poor or the weak. And abuse of power is rife. Corrupt and incompetent people are appointed into political and public offices against the spirit of Magna Carta. For instance, clause 45 says: “We will appoint as justices, constables, sheriffs or other officials, only men that know the law of the realm and are minded to keep it well”.

Is that the case in Nigeria, with so many corrupt judges, law enforcement officers and political and public office holders? Furthermore, children are exploited and women, particularly widows, the focus of clause 8, are still discriminated against. And, as the cost of governance debate shows, the State is very large and powerful, with over 80% of the country’s annual budget spent to maintain bloated government structures and personnel. Arbitrary trade policy and inefficient and corrupt judiciary undermine commercial freedoms and certainty. And individual liberties and human rights are not fully protected or respected. Some Nigerians are still not liberated from the shackles of oppression, hunger, joblessness, homelessness etc, despite these basic rights being recognised in the constitution.

The Magna Carta is often described as “England’s greatest export”, and it has truly benefitted the world. But 800 years after the birth of the charter, and despite its enduring legacy, the quest for freedom and justice continues in Nigeria and, of course, around the world! To honour this great charter, every country, including Nigeria, should respect not only its letter but also its spirit!

 

Olu Fasan