Is the Magna Carta a big deal to UK folks?

[Dioltach]

Magna Carta was in the news last year, I think it was, when two of the remaining three clauses that still have legal effect were repealed. The final clause involves the rule of law, so it's not likely to be repealed any time soon.

On the subject of constitutions: just recently I received quite a good grade for my presentation on "The Constitution of the UK" as part of my Law course. I'd hoped not to encounter this discussion again for a while.

 

[Tonguez]

I've actually heard Magna Carta referenced by Americans more than I have Brits and that's usually been as a influence on and/or in comparison to the US Constitution.

Magna Carta was very much the foundation of the right to trial, institution of the Courts and separation of powers doctrine which are explicit in the US but something which most Westminster systems just take as custom. But as stated most of its clauses have be repealed and replaced.

And most English law systems don't have anything like the lunatic arguments over basic rights like Americans do - its one of the many quaint quirks of being american. Also no such thing as unlimited freedom of speech in most countries - so it usually only comes up with regards to freedom of the press and when the government starts looking at copyright and internet regulation laws

(btw the 'proper' style is just Magna Carta not The Magna Carta not that use of the article matters)

 

[Ryujin]

Common law is a different thing. You have a common law system, as do we. It's case law based in precendent, which is as big a part of your legal system as it is ours. English common law is just English case law. I think you use the term "case law"?

We don't have a written constitution, but a constitution doesn't *grant* rights; it just tells you about them. You don't need a written constitution to have the rights one might list - we still have a constitution, and experts in constitutional law. The constitution is a body of law, rather than a document.

Oh, believe me, I'm quite aware that they are different things. I only included the Common Law because it's so often also referenced by the group I mentioned. Yes, we do use the term "case law" here, but the Common Law is also referenced by way of giving a basis to some fundamental legal practices. In fact the group in question refuses payment of various government fees and taxes, including the need to obtain such things as a driver's license prior to operating a vehicle on public roads, on the basis that Common Law supersedes various Federal/State/Provincial laws.

 

[delericho]

As a fractious Scot, it's also my duty to point out that Magna Carta is a cornerstone of English law. Scots law is a separate thing, as guaranteed by the 1707 Act of Union that created the United Kingdom. Which can have... interesting effects at times.

(The union of 1707 also guaranteed the separate existence of the Scottish education system and the Church of Scotland. The former of which, again, is a bit of an oddity.)