Magna Carta was largely ineffective for practical purposes between the fourteenth century and the sixteenth, late-medieval law lectures giving no hint of its later importance. A treatise by William ...Fleetwood (c.1558) was still in the traditional mould, but the lectures of the 'Puritan' barrister and MP Robert Snagge in 1581, and the speeches and tracts of his colleagues, advocated new uses for it. After centuries of oblivion, in 1587 there were eight reported cases in which chapter 29 was cited. Sir Edward Coke made extensive claims for chapter 29, linking it with habeas corpus, and then as a judge (1606–16) he deployed it with effect in challenging encroachments on the common law and the liberty of the subject. This book ends in 1616 with the lectures of Francis Ashley, summarising the effects of the new learning, and then Coke's dismissal for pushing his case too hard. A challenging new account.
This remarkable book shines a fierce light on the current state of liberty and shows how longstanding restraints against tyranny—and the rights of habeas corpus, trial by jury, and due process of ...law, and the prohibition of torture—are being abridged. In providing a sweeping history of Magna Carta, the source of these protections since 1215, this powerful book demonstrates how these ancient rights are repeatedly laid aside when the greed of privatization, the lust for power, and the ambition of empire seize a state. Peter Linebaugh draws on primary sources to construct a wholly original history of the Great Charter and its scarcely-known companion, the Charter of the Forest, which was created at the same time to protect the subsistence rights of the poor.
Multi-textual constitutions Richard Albert
Virginia law review,
12/2023, Letnik:
109, Številka:
8
Journal Article
Recenzirano
We have long been taught that constitutions are either "written" or "unwritten." But this binary classification is wrong. All constitutions are in some way written, and all constitutions contain ...unwritten rules. This false distinction moreover overlooks the most important formal difference among the constitutions of the world: some constitutions consist of a single, supreme document of higher law while others consist of multiple documents, each enacted separately with shared supremacy under law. Ubiquitous but so far unnoticed, these constitutions comprising multiple texts are a unique constitutional form that has yet to be studied and theorized. I call them multi-textual constitutions.
This Article is the first on multi-textuality as a constitutional form. I draw from current and historical constitutions in Africa, the Americas, Asia, Europe, and Oceania to explain, illustrate, and theorize the design and operation of multi-textual constitutions. I examine their origins, compare how they perform relative to the alternative unitextual constitutional form, and outline a research agenda for further study. What results is a reordering of our basic constitutional categories, a deep analytical dive into a distinct constitutional form, and a disruptive revelation about the United States Constitution, the world's paradigmatic model of a uni-textual constitution.
The Charter of Madinah is not the world's first written constitution though it has the highest covenant and constitutional characteristics in terms of its content and meaning. The covenant is a ...distinct constitution emblematic of the Quran and Sunnah. In the light of this constitution, not only Ansaar and Muhajirin but Jews and other minorities lived amicably in Madinah. The Charter of Madinah carries all the fundamental features that an ideal constitution should have. According to the treaty, Madinah was considered the 1st Islamic state which had won acceptance of all the Jewish tribes and clans of other minorities living within the premises of Madinah. In the constitution, the rights of Muslims were explicitly mentioned and it was ensured that rights of all minorities are protected. The treaty was held abiding by all the residents of Medina and all were required to observe the rights of each other. Some historians report that the Magna Carta was the first International treaty or constitution which was reportedly written down in 1215 during the era of King John-I of England. In this article, a comparative analysis has been made between both constitutions focusing the minorities’ rights.
There is considerable evidence to suggest that individuals with mental illness as well as their carers and families are discriminated against across a number of domains. It is also well recognized ...that people with mental illness are likely to die younger than their counterparts who do not have mental illness. We propose that a Magna Carta is urgently needed to protect the rights of people with mental illness and help reduce discrimination. In this paper a background and rationale for this is offered alongside suggestions for reducing discrimination. The simple message is this; progress in health, economic, environmental and global development will not be made without improvements in mental health. The reasons are equally straightforward as mental illnesses cause more disability than any other health condition and bring enormous pain and suffering to individuals, their families and communities. These impacts lead to early death, damage to the economy and restrain individual progress. Every country needs to take urgent responsibility for defending the rights of individuals with mental illness.
In the beginning John Roskam; Chris Berg
Review (Institute of Public Affairs (Australia) : 1997),
09/2015, Letnik:
67, Številka:
3
Journal Article
In this excerpt from the IPA's publication 'Magna Carta: the Tax Revolt that gave us Liberty' Chris Berg and John Roskam explain why the Magna Carta still matters today
In the beginning John Roskam; Chris Berg
Review (Institute of Public Affairs (Australia) : 1997),
09/2015, Letnik:
67, Številka:
3
Journal Article
In this excerpt from the IPA's publication 'Magna Carta: the Tax Revolt that gave us Liberty' Chris Berg and John Roskam explain why the Magna Carta still matters today
In the beginning John Roskam; Chris Berg
Review (Institute of Public Affairs (Australia) : 1997),
09/2015, Letnik:
67, Številka:
3
Journal Article
In this excerpt from the IPA's publication 'Magna Carta: the Tax Revolt that gave us Liberty' Chris Berg and John Roskam explain why the Magna Carta still matters today
In the beginning John Roskam; Chris Berg
Review (Institute of Public Affairs (Australia) : 1997),
09/2015, Letnik:
67, Številka:
3
Journal Article
In this excerpt from the IPA's publication 'Magna Carta: the Tax Revolt that gave us Liberty' Chris Berg and John Roskam explain why the Magna Carta still matters today
