This concept has two meanings. On the one hand, Magna Carta is spoken of as a synonym for Constitution. On the other, it refers to the Magna Carta proclaimed in England in the Middle Ages.
The constitutional text of a nation
A Magna Carta or Constitution is a normative text in which the general provisions for organizing life in society and the functioning of the state are presented. Thus, it is a general legal framework that should guide the set of laws of a nation. At the same time, this type of document must be the result of consensus, since its purpose is to unite a nation.
In general, every Magna Carta includes the fundamental rights of individuals, the organization of the state and its powers, as well as legal mechanisms to limit the exercise of power.
All Magna Carta is created by a constituent power, that is, a group of politicians who have the purpose of drafting a constitution and once it is approved they will lose their functions. With regard to its content, it depends on each nation.
However, most constitutional texts are inspired by the Declaration of the Rights of Man and of the Citizen elaborated during the process of the French Revolution of 1789. In this document the bases for the so-called separation of powers were established.
In 1215 the Magna Carta was proclaimed in England
In the time of the monarch Juan sin Tierra, brother of Ricardo Corazón de León, this historical document was approved. When the monarch came to power, he antagonized the nobility over territorial issues and, in parallel, caused popular discontent due to the high taxes he approved. This situation led the nobles to promote a new legal framework to solve the general malaise.
The English nobles agreed to a new order through the so-called Magna Carta. It included a series of privileges for the nobility so that the monarch could not harm them.
On the other hand, the Magna Carta introduced habeas corpus as a legal figure intended to limit the power of the king and, on the other hand, it was a legal mechanism to guarantee a fair trial for any citizen (habeas corpus that was incorporated in the Magna Carta is considered as a guarantee for the presumption of innocence).
From the point of view of the history of constitutionalism, the English Magna Carta is considered the fundamental document to understand the origin of legal texts in the Anglo-Saxon world.
Photo: Fotolia - asmati
