The United Kingdom is a rare case. Unlike its European neighbors, this country does not have a written constitution. It is a set of uncodified laws, aggregated over the centuries, that governs it. But at the root of all these laws is the Magna Carta (Great Charter of 1215), which Britain celebrated with pompous 800 years in 2015. A text that has become a reference for all democracies.
Discover the original story "At the heart of history" of Fabrice d'Almeida dedicated to Jean sans Terre on Europe1.fr and all your usual listening platforms. As the Brexit divides the British more than ever, back on a decisive moment in the history of England, when John Lackland was forced to sign the Great Charter in the face of the slaughter of the barons of his kingdom.
The rebellion of the barons . The reign of John Lackland is both authoritarian and chaotic. Beyond his bad political decisions, he accumulates military defeats. All of this is expensive, too expensive for English barons who are heavily taxed to finance the war. They revolt. And in 1215, they managed to impose on John Lackland the signing of a Great Charter, a text that redistributes the cards of privileges.
Freedoms, limited power and parliament. The text, which includes 63 articles, contains several binding provisions for royal power. It is simply the first time that the arbitrariness of the king is limited, placing the law above his power. A first stone put to the project of democracy.
At the heart of this text is Article 39, which states: "Let no free man be so imprisoned or dispossessed of his property, or declared outlawed, exiled, or otherwise destroyed; and we will not proceed against him, and we will not issue an order against him, except by the legal judgment of his peers or according to the law of the earth. " This article emphasizes that a free man can not be detained without trial, according to the good will of the king. These are only a few lines but their weight is considerable.
The Great Charter is also at the origin of the creation of a Grand Council, bringing together twenty-five aristocrats who can cancel the will of the king and confiscate his property. Again, it is a counter-power against the monarchy. One can even read there the beginnings of the idea of parliament, which will actually take shape after a new crisis between King Henry III and the barons, between 1258 and 1265.
At the foundations of modern politics. The Great Charter resonates in the Habeas Corpus, and then crossed the borders, influencing the US Constitution or the Universal Declaration of Human Rights. This is the irony of this chapter of European history: John Lackland has left a bad memory in the memories. Not the founding text that was born under his reign ...