INTRODUCTION
Magna Carta is also referred to as
the ‘‘Great Charter.’’ this document guaranteed the liberties of the English
people and was drafted at Runnymede and was signed by King John and issued on
June 15, 1215 due to the pressures from his rebellious baron. It was the first
document that put both the king and his government by stating that they were
not above the law. This document limited the powers of the king by preventing
him from exploiting them.[1] This
document was signed in 1215, when the rebellious barons in England captured
London in May 1215, as a result King John was forced to sign the document. The
document was later referred to as human rights document, amongst the rights contained
therein are: the right of the church to be free from government interference,
the rights of all free citizens to own and inherit property and to be protected
from excessive taxes, widows to choose not to remarry and be equal before the
law.[2]
Magna Carta was reissued in 1216, 1217, and 1225 after the death of King John. This
article seeks to examine whether Magna Carta is a human right document.
WHAT IS HUMAN RIGHTS
Human rights are norms that protect
people everywhere from severe political, legal and social abuse.[3]
Human rights can be understood as those basic standards which are necessary for
a life of dignity and it is universally derived from the fact that all human beings
are equal. These rights are inherent and inalienable and apply equally to
everybody.[4]
THE RELEVANCE OF MAGNA CARTA TO
HUMAN RIGHT
With the introduction of this
document, it led to the establishment of “Rule of Law”. The notable provisions
that reflects the protection of human rights is provided under Clause 39 of the
Carta,[5] it
states that:
No free man shall be seized or imprisoned, or
stripped of his rights or possessions or outlawed or exiled or deprived of his
standing in any way, nor will we proceed with force against him or send others
to do so, except by the lawful judgement of his equals or by the law of the
land.
While Clause 40 states that to no one will we sell,
to no one will we refuse or delay right or justice.[6]
This
document created the most relevant early influence on the process that led to
rule of constitutional law. The relevance of the document is that, it limited
the powers of the government. Meaning the only time the idea of the government
will be important, is when the people agree or supports the actions of the
government. The signing of the Magna Carta brought about rule of law. That
everyone is equal before the law and as such should be treated so.
WHETHER MAGNA CART IS A HUMAN RIGHT
DOCUMENT
King Charles I in a bit to fund war
forced his people to lend him money and for those who refused his request were imprisoned.
The actions of King Charles caused Edward Coke and the English parliament to get
him to re-commit to observe the rule of law by drafting the Petition of Right
so as to remind him of their rights under the Magna Carta. The Petition reflect
the true essence of magna carta as it affirmed the rights of the people by
stating that there shall be no taxation without consent of Parliament and no
imprisonment without a cause. Petition of Right became an Act of Parliament in
1628 and is a Constitutional document in the United Kingdom.[7]The
UK Parliament been afraid that the successor to King Charles II might not put the
interest of the people at heart, passed the Habeas Corpus Act in 1679.[8]
This
writ of Habeas Corpus (you have the body) gives a person who is imprisoned the right
to appear before a court and challenge the legality of their imprisonment. This
writ is an order that compel the State to bring the prisoner to court to explain
why he or she is held captive and if no legal reason is found, they must be
released.[9] Going
further, relating the Magna Carta to our present time, the Universal Declaration
of Human Rights is another treaty that can be likened to the document because it
preserves the peace and freedom of people same as it is stated in the Magna
Carta. It was the first declaration that recognised the fundamental rights and
values of all people.[10] Eleanor
Roosevelt the Chairperson of the UN Human Rights Commission when submitting the
Universal Declaration to the UN General Assembly for adoption, she said: ‘this
declaration may as well become the international Magna Carta for all men
everywhere.’[11] The
International Covenant on Civil and Political Rights (ICCPR) is also a reflection
of Magna Carta as Article 9 of the ICCPR[12]
is in pari parsu with Clause 40 of the Magna Carta it
provides that anyone arrested or detained on a criminal charge shall be brought
promptly before a judge or other officer authorised by law to exercise judicial
power and shall be entitled to trial within a reasonable time or to release. Conclusively,
the above mentioned international human rights instruments contains the rule of
equality and human rights is created as the basis that all rights are universal
and restrict the powers of the state. The rules of human rights can be seen to
have been specifically picked from Magna Carta.
[1]<https://www.parliament.uk> accessed 22, 2025.
[2]<ttps://www.humanrights.com> accessed 22, 2025.
[3]J Nickel, ‘Stratford Encyclopedia of Philosophy’ plato.stanford.com
[4]Ibid.
[5]Magna Carta
[6]Ibid.
[7]<https://www.google.com> accessed 23 January 2025.
[8]Ibid.
[9]J A Dada, ‘Judicial Remedies for Human Rights Violations in Nigeria: A Critical Appraisal’<www.iiste.org> accessed 23 January 2025.
[10]Ibid (n 7).
[11]C Jones, ‘Magna Carta, human rights, and the Treaty of Waitangi today’<https://natlib.govt.nz> accessed 24 January 2025.
[12]ICCPR, 1976