Magna Carta, meaning “Great Charter”, was a formal agreement on rights made by King John of England at Runnymede near Windsor on 15 June 1215. Despite being over eight centuries old, it still appears in modern political and legal discussions.
This overview explains how Magna Carta came into being, which parts of it still apply today, and how it has been used—often unsuccessfully—in more recent legal arguments, including by protest groups and individuals challenging government laws.
What is Magna Carta?
The original charter was drawn up by Stephen Langton, the Archbishop of Canterbury, as a way to resolve conflict between King John and a group of rebellious barons. To ensure the king kept his promises, a council of 25 barons was appointed to oversee the agreement.
However, within weeks, the charter was cancelled by Pope Innocent III, as England was under papal authority at the time. Revised versions were later issued during the reign of Henry III of England in 1216, 1217, and 1225. These early documents were written in Latin on parchment.
Magna Carta became part of statutory law in 1297 under Edward I of England, when it was formally recorded as a law of the realm.
Common Myths
Over time, many misunderstandings about Magna Carta have developed. As noted by legal writers such as Anthony Arlidge and Igor Judge, the charter did not immediately establish rights like trial by jury or broad human rights protections. Instead, it mainly addressed specific grievances and privileges, particularly for the barons.
Interest in Magna Carta grew in the late 1500s, when it began to be seen as a foundation of English liberty. Not everyone agreed with this view—Oliver Cromwell is said to have mocked it. Nevertheless, its ideas influenced legal thinking in countries such as the United States over time.
Is Magna Carta Still Law?
Much of the 1297 version of Magna Carta has been repealed, especially during the 19th and 20th centuries, when outdated laws were removed. Today, only three key provisions remain in force across most of the UK:
- The independence of the Church
- The historic rights of the City of London
- The principle of lawful judgment and fair legal process
The last of these is the most frequently cited. It establishes that no free person should be punished except through lawful judgment or the law of the land, and that justice should not be delayed or denied.
Even so, these surviving clauses have limited direct impact today, as modern laws and agreements—such as the European Convention on Human Rights—set out more detailed protections.
Magna Carta in Modern Courts
Magna Carta has often been praised for its historical importance. In 1956, Lord Denning described it as a cornerstone of individual freedom, while Harry Woolf later referred to it as the first in a line of key constitutional documents.
Despite this, it has rarely been effective in modern legal cases. For example, in 2012, Occupy London protestors tried to rely on it to prevent eviction near St Paul’s Cathedral. The judge, David Neuberger, ruled that it was not relevant to the case.
Similarly, in 2021, some individuals attempted to use parts of Magna Carta—particularly a repealed clause—to challenge lockdown rules or justify protest actions. These arguments were unsuccessful, and in Scotland, Magna Carta has never been part of the legal system.
In summary, while Magna Carta remains a powerful historical symbol of justice and liberty, its practical role in modern law is limited. Its lasting significance lies more in its influence than in its direct legal force today.