Magna Carta: A Commentary on the Great Charter of King John: With an Historical IntroductionMcKechnie, William Sharp
History
Magna Carta: A Commentary on the Great Charter of King John: With an Historical Introduction
McKechnie, William Sharp
Constitutional history -- England -- Sources; Law -- England -- History; Law -- England -- Sources; Magna Carta
Magna Carta has been described, in words already quoted with approval,
as “an intensely practical document,” Professor Maitland, _Social
England_, I. 409; but this requires some qualification. If it was
practical in preferring the condemnation of definite practical
grievances to the enunciation of philosophical principles, it was
unpractical in omitting to provide machinery for giving effect to its
provisions.
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Thoughtful and statesmanlike as were the provisions of Magna Carta, and
wide as was the ground they covered, many important omissions can be
pointed out. Some crucial questions seem not to have been foreseen, and
others, for example the liability to foreign service, were deliberately
shelved[227]—thus leaving room for future misunderstandings. The praise,
justly earned, by its framers for the care and precision with which they
defined a long list of the more crying abuses, must be qualified in view
of the failure to provide procedure to prevent their recurrence. Men had
not yet learned the force of the maxim, so closely identified with all
later reform movements in England, that a right is valueless without an
appropriate remedy to enforce it.[228]
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Footnote 227:
Except in so far as affected by cc. 12 and 16.
Footnote 228:
Mr. Prothero estimates much more highly the constitutional value of
Magna Carta: "The constitutional struggles of the following
half-century would to a great extent have been anticipated had it
retained its original form."—_Simon de Montfort_, 14.
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VI. Magna Carta: Value of Traditional Interpretations.
The Great Charter has formed a favourite theme for orators and
politicians in all periods of English history, partly because of its
intrinsic merit, partly because of the dramatic background of its
historical setting, but chiefly because it has been, from the time of
its inception down to the present day, a rallying cry and a protecting
bulwark in every crisis which threatened to endanger the national
liberties.
Public-domain text, read in full here on John Shaqi.
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