Concept in Definition ABC

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 text normative in which the general provisions are presented to organize life in society and the functioning of the state. Thus, it is a general legal framework that should guide the set of laws of a nation. At the same time, this kind of document It 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 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 made during the process of French Revolution from 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In the time of the monarch Juan sin Tierra, Ricardo's brother Heart de León, this historical document was approved. When the monarch came to power he fell out with 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 for guarantee a fair trial for any citizen (the 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