The legacy behind the rule of law, democracy and human rights
In 1952, the Australian government purchased an original Magna Carta issued by King Edward I in 1297. Today, it is permanently on display at the Parliament of Australia.
Although the purchase was considered costly at the time, it received the support of both major sides of politics (bipartisan support) due to its lasting significance to the Australian people. As Senator Anderson, Leader of the Government of the Senate, stated in 1968: “Parliament is the voice of the people. Parliament is the most precious thing in our way of life, and it stems initially from the Manga Carta.” Prime Minister Robert Menzies viewed the Magna Carta as a powerful symbol of civil liberties, the rule of law and democratic principles for the Australian people. The Opposition Leader, Dr Herbert Evatt, also recognised its value, describing the Magna Carta as a beacon of freedom and the embodiment of the rule of law in an era overshadowed by totalitarianism.
The Magna Carta is a foundational thread in Australia’s democratic fabric, weaving through the values we hold today such as the rule of law, equality, justice, freedom and a fair go.
The Story of King John and the Magna Carta
The Magna Carta, Latin for The Great Charter, was a list of demands and expectations forced upon King John of England in 1215 by a group of Barons. King John had a terrible reputation as an authoritarian tyrant – he imprisoned people without reason, imposed harsh taxes, starved his own nephew, and seized castles and wives. His reign was so infamous that no English king has ever taken the name “John” since.
The two most famous sections of the Magna Carta are:
Clause 39: 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 other way except by the
lawful judgement of his equals or by the law of the land.
Clause 40: We will not sell, or deny, or delay right or justice
to anyone.
After King John reluctantly agreed to the Magna Carta, copies were made and distributed across towns and churches, often read aloud and nailed to church doors. This helped develop a culture where laws were made known and rulers accepted that their powers were limited and could be scrutinised by the people.
The Magna Carta was reissued many times by different English Kings. Australia’s own copy of the Magna Carta is a 1297 reissue by King Edward I.
Though its original clauses are not directly quoted in Australian laws, its influence is deeply embedded in common law, Australia’s Constitution, human rights frameworks, and democratic principles. It lays the foundation of Australian society that values justice, freedom, and the rule of law.
The Rule of Law
By issuing the Magna Carta, the King declared that he would rule according to the law. This marked a key historical moment in the development of the rule of law- the idea that no one is above the law. It offered a solution to the problem of tyrannical rule by creating checks and balances that restrained the power of the King, introduced accountability and limited arbitrary decision-making.
Today, this principle underpins our democracy. Under the rule of law, everyone, including the Prime Minister, government, judges, and police officers, must follow the law and be fairly
and equally treated under it.
Freedoms and Human Rights
The Magna Carta’s legacy is reflected in the freedoms Australians enjoy today. Many international human rights documents and national constitutions trace their roots to its principles.
An important rule of law concept found in Clause 39 is that punishment can only be imposed for breaking the law, and nothing else. This principle supports the freedom to live as one chooses, as long as the law is respected. It also limits the power of Kings (or government) to act only within legal boundaries.
Separation of Powers and independent judiciary
The Magna Carta also includes the concept of a qualified, independent judiciary. Judges provide accountability and can deliver authoritative, final, and enforceable decisions, even when the dispute was with the King!
These clauses also ensure fair and prompt trials, the presumption of innocence and equality before the law.
In Australia, this legacy is reflected in the Australian Constitution, and the Separation of Powers where the Legislature makes the laws, the Executive enforces them, and the Judiciary interprets and applies the law. This separation prevents power from being held by one person or group. It ensures judges remain independent from those who make the
laws and provides checks and balances to protect Australian’s rights and freedoms.
Democracy
The Magna Carta was the result of a rebellion against unfair taxation. Forty of the sixty-three chapters of the Magna Carta dealt with taxes and payments to the King. At the time, there was no parliament or democratic system, but the Magna Carta planted the seeds of ‘no taxation without representation.’ This idea evolved into our modern system of democracy and Parliament, where laws are made by representatives of the people to protect rights and ensure the safety and wellbeing of the community.
