Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
History
Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
Repeatedly from the seventeenth century to our own day legislation
has been criticized in Great Britain and Ireland on the ground that
it was in conflict with Magna Carta, and always the strongest and
most effective argument against proposed legislation has been that
it would violate the principles of the Great Charter of Liberties.
During the past thirty years thoughtful observers of English politics
have remarked that private property in England is, on the whole, less
secure from attack on the part of the government in our day than
it was at the time of the Stuarts. Whenever the increase of class
legislation and attacks on private property shall lead Englishmen to
place checks and restraints upon the power of temporary majorities, so
as more effectively to protect personal and property rights--an event
which, I believe, must inevitably come to pass sooner or later--then
the stirring battle-cry will again be Magna Carta, and the result
may be a return to the spirit of the declarations of Magna Carta and
of the statute of Edward III., that any statute contrary to the law
of the land guaranteeing the fundamental rights and liberties of the
individual shall be void and null and holden for none. And to make that
ancient, sound and honest principle really an effective protection to
the individual and to minorities, the courts of justice of England may
at last be empowered, as they are with us, to refuse to give force
and effect and to hold for none any statute in conflict with the
fundamental law of the land.
Of an importance no less vital than the idea of a permanent law of
the land safeguarding the fundamental rights and liberties of the
individual, was the express declaration in the first chapter of Magna
Carta that the English church, _Anglicana ecclesia_, should be free
from interference on the part of the crown and that her rights should
be entire and her liberties inviolable. In this provision we have the
germ of an independent church and the idea of the separation of Church
and State.
Public-domain text, read in full here on John Shaqi.
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