Tom Burrell Liberty and Common Consent

Magna Carta and Due Process of Law

Magna Carta and Due Process of Law: The Road to American Judicial Activism

Buy paperback and kindle e-book!

Recent Works

Privileges and Immunities and the Journey from the Articles of Confederation to the United States Constitution: Courts on National Citizenship, Substance, and Antidiscrimination, 35 Whittier L. Rev. ---- (2014), available at http://ssrn.com/abstract=2374985

Facebook Posts

August 2017
M T W T F S S
« Jul    
 123456
78910111213
14151617181920
21222324252627
28293031  
  • From King to Community

    Summarizing the medieval period and the transition from king to community:

    The thirteenth century had demonstrated that promises, confirmations, excommunication, and distraint did not work.  The barons had tried controlling the Council, but this was superficial.  The barons had to find some lasting enforcement role against the king and his ministers.

    The answer was shared governance in Parliament.  The Ordainers revived the reforms of 1258 but went further into the king’s household.  The Ordainers sought to remove evil councilors and share decision-making power on matters such as war, appointment of ministers, and accountability by a committee of Parliament.  The barons were substituting for royal administration and seeking a partnership with the king at all levels.  The relationship might be described as a change in sovereignty “from God to king” to “from God to king and community” as the barons assumed a role of evaluating the king’s divine “right and reason,” “common profit,” “necessity,” and general principles of good government.  The barons were grasping at the idea that their law served God’s justice, not the king’s sword.  National law and justice were rights of the subject rather than obligations the king owed to his subjects.

    Burrell, Magna Carta and Due Process of Law, page 140.

     

    Print Friendly
    Published on August 27, 2017 · Filed under: Magna Carta;
    Comments Off on From King to Community

Comments are closed.