Comments on: “Magna Carta and the Rule of Law around the World” https://www.overlawyered.com/2015/06/magna-carta-and-the-rule-of-law-around-the-world/ Chronicling the high cost of our legal system Mon, 15 Jun 2015 17:59:16 +0000 hourly 1 By: Colin https://www.overlawyered.com/2015/06/magna-carta-and-the-rule-of-law-around-the-world/comment-page-1/#comment-324814 Mon, 15 Jun 2015 17:59:16 +0000 http://overlawyered.com/?p=53676#comment-324814 Thanks!
It’s taken a several weeks to convince the UK papers that the documents were sealed – not signed.
For info for those who have seen the river pageant at Runnymede, there are two other interesting monuments there:-
One is a memorial to the WW2 aircrew who have no known grave (overlooks the meadows)
The second is an acre given to the US for a memorial to President J F Kennedy

Colin

]]> By: mx https://www.overlawyered.com/2015/06/magna-carta-and-the-rule-of-law-around-the-world/comment-page-1/#comment-324811 Mon, 15 Jun 2015 17:41:38 +0000 http://overlawyered.com/?p=53676#comment-324811 An interesting counterpoint on the actual value of the Magna Carta (as opposed to the general idea of limitations on government power, which I certainly don’t challenge) from Professor Tom Ginsburg in the Times today:

http://www.nytimes.com/2015/06/15/opinion/stop-revering-magna-carta.html?action=click&contentCollection=DealBook&module=MostEmailed&version=Full&region=Marginalia&src=me&pgtype=article

The Telegraph had an article in a similar vein last year too, “The cult of Magna Carta is historical nonsense. No wonder Oliver Cromwell called it ‘Magna Farta”: http://blogs.telegraph.co.uk/news/dominicselwood/100276672/the-cult-of-magna-carta-is-historical-nonsense-no-wonder-oliver-cromwell-called-it-magna-farta/

]]> By: Walter Olson https://www.overlawyered.com/2015/06/magna-carta-and-the-rule-of-law-around-the-world/comment-page-1/#comment-324807 Mon, 15 Jun 2015 14:26:19 +0000 http://overlawyered.com/?p=53676#comment-324807 Fixed now on “sealed.” I’m awfully careless this morning.

]]> By: Colin https://www.overlawyered.com/2015/06/magna-carta-and-the-rule-of-law-around-the-world/comment-page-1/#comment-324806 Mon, 15 Jun 2015 13:45:03 +0000 http://overlawyered.com/?p=53676#comment-324806 Hi,
Interesting that only 2 of the Charter’s clauses are still in effect today, all the rest were overtaken by events.
I should also note the King John was able to disregard Magna Carta on instructions from the Pope…
There is also some debate about “rule of law” – can the UK executive make it up as it goes? Parliamentary supremacy doctrine suggests that the UK need not take any account of non-UK legislation (see Obiter J’s Blog about the ECHR).

For simplicity, I’ve used UK Legislation, knowing that we have English law and Scots Law.
Finally, in pedant mode, none of the Magna Carta were signed … Sealed!

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