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The Magna Carta, signed in 1215, and the Bill of Rights, enacted in 1689, are pivotal documents in English constitutional history that established individual rights and limited monarchical power. The Magna Carta introduced concepts like trial by jury and the rule of law, while the Bill of Rights established a constitutional monarchy and outlined parliamentary rights. Both documents have significantly influenced modern democracy and human rights, serving as foundational texts in Western legal tradition.

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6 views2 pages

civ t28

The Magna Carta, signed in 1215, and the Bill of Rights, enacted in 1689, are pivotal documents in English constitutional history that established individual rights and limited monarchical power. The Magna Carta introduced concepts like trial by jury and the rule of law, while the Bill of Rights established a constitutional monarchy and outlined parliamentary rights. Both documents have significantly influenced modern democracy and human rights, serving as foundational texts in Western legal tradition.

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The Magna Carta and the Bill of Rights (topic 28)

Today I will be talking about two of the most important documents in English constitutional history: the
Magna Carta, signed in 1215, and the Bill of Rights, enacted in 1689. Both texts represent key milestones in
the development of individual rights, limitation of power, and rule of law.

Historical Context of the Magna Carta

The Magna Carta, or "Great Charter", was signed in 1215 by King John of England, under pressure from
rebellious barons.

 King John had a reputation for tyranny, heavy taxation, and military failures.

 The barons wanted to limit the king’s power and protect their feudal rights.

 The Magna Carta was not intended for the general population but for the nobility.

Key Features and Impact of the Magna Carta

Some important clauses include:

 Clause 39

o This laid the foundation for trial by jury.

 It introduced the idea that even the king must obey the law.

 Though annulled shortly after its signing, it was reissued several times and became a symbol of
liberty over time.

Historical Context of the Bill of Rights

Fast forward to 1689, after the Glorious Revolution of 1688. The Catholic King James II was overthrown and
replaced by William III and Mary II, invited by Parliament.

 The Bill of Rights was a condition for their accession to the throne.

 It marked the beginning of a constitutional monarchy in England.

 Parliament aimed to prevent future abuses of power by the crown.

Key Features and Impact of the Bill of Rights


 Parliament must be regularly summoned.

 Free elections and freedom of speech in Parliament.

 No taxation without Parliament’s consent.

 No standing army during peacetime without Parliamentary approval.

 Prohibited cruel and unusual punishment.

Comparison and Common Themes

 Both documents limited the power of the monarchy.

 They laid the groundwork for modern democracy and human rights.

 Magna Carta was more feudal in nature, while the Bill of Rights had wider constitutional
implications.

 The Magna Carta was more symbolic, while the Bill of Rights was enforceable law.

Lasting Legacy and Influence

 The Magna Carta influenced documents like the U.S. Constitution and Universal Declaration of
Human Rights.

 The English Bill of Rights inspired the American Bill of Rights in 1791.

 Both are seen as cornerstones of Western legal tradition.

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