Rights, Freedoms and Responsibilities of the Individual in Great Britain
Chapter 1 Historical Development of System of Human Rights in United Kingdom
1.1. Development of Human Rights in Kingdom of England from Manga Carta to Bill of Rights
1.2. Development of System of Human Rights in XVIII – XX Centuries
Historical Development of System of Human Rights in United Kingdom
The origin of human rights law extends back to the beginning of Western civilization, to the Greeks and the Romans. Much of what we now consider modern human rights law can be found in the basis of fundamental rights widely recognized by Greek and Roman lawyers. Natural law, or what the ...view middle of the document...
Universally acknowledged as the first proclamation that the subjects of the crown had legal rights and that the monarch – then indistinguishable from the state – could be bound by the law, the Magna Carta became the first document to set out the right of habeas corpus and establish a tradition of civil rights in United Kingdom that still exists today.
The Magna Carta (1215)
Magna Carta, or “Great Charter,” signed by the King of England in 1215, was a turning point in human rights.
The Magna Carta, or “Great Charter,” was arguably the most significant early influence on the extensive historical process that led to the human right legal provision today in the world.
In 1215, after King John of England violated a number of ancient laws and customs by which England had been governed, his subjects forced him to sign the Magna Carta, which enumerates what later came to be thought of as human rights. Among them was the right of the church to be free from governmental interference, the rights of all free citizens to own and inherit property and to be protected from excessive taxes. It established the right of widows who owned property to choose not to remarry, and established principles of due process and equality before the law. It also contained provisions forbidding bribery and official misconduct.
Widely viewed as one of the most important legal documents in the development of modern democracy, the Magna Carta was a crucial turning point in the struggle to establish freedom. The Charter was revised several times until a version released in 1297 was confirmed by King Edward I and passed into English law. This version, with the long title (originally in Latin) ‘The Great Charter of the Liberties of England, and of the Liberties of the Forest’, remains on the statute books of England and Wales.
However, only three of the original chapters in Magna Carta are still law in parts of the United Kingdom. One chapter defends the freedom and rights of the English church, and another confirms the liberties and customs of London and other towns.
“FIRST, We have granted to God, and by this our present Charter have confirmed, for Us and our Heirs for ever, that the Church of England shall be free, and shall have all her whole Rights and Liberties inviolable. We have granted also, and given to all the Freemen of our Realm, for Us and our Heirs for ever, these Liberties under-written, to have and to hold to them and their Heirs, of Us and our Heirs for ever.”
“THE City of London shall have all the old Liberties and Customs which it hath been used to have. Moreover, We will and grant, that all other Cities, Boroughs, Towns, and the Barons of the Five Ports, as with all other Ports, shall have all their Liberties and free Customs.”
But the third is the best-known and most significant:
“NO Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We...