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800 years since the signing of the Magna Carta - the basis of constitutional law and democracy

The circumstances that led King John to give up some of his powers in favor of the nobles (and later in favor of everyone) were typical medieval times, but the document sowed the seeds of modern democracy

The signature on the shield was engraved by King John, 1215. Illustration by John Leech from 1875. Illustration: shutterstock
The signature on the shield was engraved by King John, 1215. Illustration by John Leech from 1875. Illustration: shutterstock

The Magna Carta was signed exactly 800 years ago today on June 15, 1215 between the barons of medieval England and King John. Magna Carta or in its full name Magna Carta Libertatum, which means "Great Book of Rights", was one of the most important documents in medieval England. The Magna Carta is considered the beginning of English constitutional law, which is still used as a model for legal systems in many countries, including Israel.

Magna Carta was sealed with a royal seal between the feudal barons and King John at Runnymede on the banks of the Thames, near Windsor Castle. The document included a series of written promises between the king and his subjects, according to which he, the king, would rule England and deal with the people according to the rules of feudal law. It was an attempt by the barons to stop the king, in this case John, from using his power over the people of England to cause them suffering.

However, the question arises why a king - who by definition has absolute control over his subjects - would agree to the demand of the barons who are supposed to be below him in the hierarchy of authority?

It turns out that the politics of the time played a crucial role. At that time, England had lands in France. The barons provided the king with both the money and the soldiers required to defend these territories. Traditionally, the king always consulted the barons before raising taxes (because they were the tax collectors) and when a larger manpower was required for the military service (because they had to provide the same manpower), as was customary in all European countries during the Middle Ages.

As long as the kings of England were successful in their wars outside the island, their relations with the barons were good. However, John was not so successful in his wars. His increasing demand for money and soldiers irritated the barons. In 1204 John lost his lands in northern France. In response, John ordered taxes to be raised without consulting the barons. This was against feudal law and traditional conventions.

Besides undermining his relations with the barons, John also made mistakes in other political arenas when he upset the greatest power of the time - the Catholic Church. The Pope, angry at the King's behavior, banned all church services in England in 1207. Religion, and the fear of hell, were important to humans, including the barons. The church warned its believers that they could enter the gates of heaven only if they held the Catholic faith in its most pious version, but how could they show their love for God if the churches were closed? Even worse for John was the fact that the Pope excommunicated him in 1209. This means that John will never be able to go to heaven until the Pope removes the excommunication. Following this, King John knelt down and agreed to accept the orders of the church and in 1214 he even gave her many benefits.

The year 1214 was a year full of troubles for John also for another reason. He again suffered military setbacks in an attempt to regain the territories in northern France. He returned to London and demanded an increase in taxes. This time the barons were not ready to listen and they began an open rebellion against him. At one point they even captured London but were unable to defeat John completely. In the spring of 1215, both parties were willing to enter into negotiations, the result of which was the Magna Carta document.

The Magna Carta guaranteed good and fair laws. According to the agreement everyone will have permission to access the courts and that the legal cost will not be an obstacle if someone wants to bring a problem to court. It also stipulated that no free person (meaning anyone who was not a slave) would be imprisoned or punished without first going through the proper legal system. In the following years, the term free person will be replaced by "nobody" to include everyone. Separation of the monarchy from the trial, restrictions regarding the punishment of the accused. Requiring the conviction of a person based on evidence, a requirement for a retributive justice trial, Carta also institutionalized the freedom of the church and established economic freedom for merchants.

The final paragraphs of the Magna Carta discussed the way in which it would be enforced in England. 25 barons took on the responsibility of ensuring that the king carried out what was written in Magna Carta. The document makes it clear that they can use force if they feel it is necessary. To give the document validity, the royal seal of King John was stamped on the document. This is the big red seal on the coasters that protects Carta.

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9 תגובות

  1. It is worth referring to sections 10-11 of the document: pure anti-Semitism of the barons for whom the Magna Carta was drawn up and not, as it were, for the common people.

  2. That was 800 years ago. Today, we have no choice, to learn democracy - and to improve it - we must experience it!

    There is a lot of talk these days about the importance of teaching democratic values ​​in our public schools. It seems that newspaper columnists, teachers' unions, public organizations, and people with an outlook on good citizenship are suddenly noticing that our youth are growing up ignorant and uncommitted to the noble principles upon which our country is based.

    Although I completely agree that there is a problem, I am afraid that the proposed remedy - more classes in citizenship and/or "democracy", including studying the Declaration of Independence - is no better than the disease. Why is it that people insist on thinking that the solution to real life problems is to talk about them? Does anyone really believe that forcing kids to take yet another course will achieve any real meaningful goals? We cannot even get our children to read or write or do arithmetic correctly, despite endless hours of effort in the classroom. Shall we turn them into defenders of freedom and democracy by adjusting the curriculum once more?

    The simple fact is that children are not bound by democratic principles, or political freedom, or the Declaration of Independence, or the basic laws of the country, because they themselves do not experience any of these lofty issues in their daily lives, and especially, in their schools. Children have no rights at school, they do not participate in significant decision-making at school (even when the decisions directly affect their lives), and they also have no freedom of self-determination at school. In fact, the schools are models of autocracy—sometimes benevolent, sometimes brutal, and always in direct conflict with the principles on which our country is based.

    How empty of content all these lessons in citizenship and history in the schools sound, when a captive audience of students to whom a large part of the Declaration of Independence and of the basic laws of the country do not apply at all, are celebrating, in class after class, the 67th year of the country!

    The way to ensure that people of all ages will have a deep commitment to the "democratic way" is to make them full partners in it. We will make our schools democratic, we will give our children freedom of choice and basic civil rights in schools, and they will have no problem understanding the meaning of tolerance, human dignity, self-awareness, and responsibility.

  3. Who edited the article?* Is it your 12-year-old daughter who edited the article? Improvement is required in the language and expression of the Hebrew language, as well as in editing.*

  4. I'm sorry, the Magna Carta was not the basis for constitutional law, nor was it the basis for democracy. Laws were recorded and applied as early as 3000 years ago. Torah laws, Hammurabi laws, Greek laws and more, and more. The Magna Carta made some constitutional order in Europe, thereby pushing the Christian Church to the side a little, but nothing more.

  5. Unlike the braggarts.
    Thanks for the information - it really contributed to my wisdom.
    I didn't mind the error counters.
    keep doing what you are doing.

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