Robin Griffith-Jones

Magna carta, religion and the rule of law

Part I. Introduction: 1. The relevance and resonance of the Great Charter of 1215 for religions today Robin Griffith-Jones and Mark Hill QC 2. Magna Carta Lord Judge of Draycote Part II. The Birth of Magna Carta and the Spread of its Principles: 3. Due process in Magna Carta: its sources in English law, canon law and Stephen Langton John W. Baldwin 4. From Charter to common law: the rights and liberties of the pre-Reformation Church Margaret McGlynn 5. Magna Carta and the law of nations R. H. Helmholz 6. Magna Carta and personal liberty Sir John Baker QC 7. Towards a new Magna Carta for early modern England John Witte, Jr 8. Differences over the foundation of law in seventeenth- and eighteenth-century America David Little Part III. Comparative Religious Approaches to Magna Cartas Rule of Law: 9. Quranic Magna Carta: on the origins of the rule of law in Islam Wael Hallaq 10. Justice in Islamic legislation Ali Gomaa 11. Sharia and the rule of law: preserving the realm Anver Emon 12. Democracy and the power of religion: some lessons from India Sudipta Kaviraj 13. The still small voice of Magna Carta in Christian law today Norman Doe 14. Magna Carta, rule of law and religious diversity Maleiha Malik Part IV. The Contemporary Inheritance of Magna Carta: 15. The development of human rights thought from Magna Carta to the Universal Declaration of Human Rights Sir Rabinder Singh 16. Strasbourgs approach to religion in the pluralist democracies of Europe Javier Martinez-Torron 17. The Great Covenant of Liberties: Biblical principles and Magna Carta Lord Sacks 18. The cardinal rule of religion and the rule of law: a musing on Magna Carta Simon Lee Epilogue: 19. Strengthened by the rule of law: the message of Magna Carta for religions today Lord Dyson Appendix: the charters in translation.

Magna Carta, Religion and the Rule of Law: The relevance and resonance of the Great Charter of 1215 for religions today

A most embarrassing revelation contained within this volume is that while on a visit to a school in the USA, British Prime Minister Cameron was asked about the Magna Carta and had to admit that he had never heard of the most important piece of legislation ever promulgated in the United Kingdom! My own schooling was more fortunate. This book, which is the outcome of a conference held to celebrate the 800th anniversary of the Charter, makes a substantial contribution to the disciplines of history and law by focusing on historical and contemporary narratives of faith and governance. The particular interest of this book is in the freedom that was granted to the English church and which in this volume has been extended to include other faiths. It also compelled King John’s loyalty to his own sworn oaths. Though very well known by name, the Magna Carta’s contents are relatively unknown. The same is true of a number of subsequent related documents that were issued in 1216 and 1217. Central to the process of drafting the Charter was the Archbishop of Canterbury, Stephen Langton, a noted Old Testament scholar who favoured a covenanted kingship in the nation; this issue is pursued by Rabbi Lord Sachs, who develops the historical context in which the law exercised a proscriptive restraint on the king. Oh, for a return to those halcyon days, despite the advantage it granted the church! But the underlying principles are still relevant – the promotion of civil harmony, cohesion and good will in a post-Christian era. The book is divided into four sections. Following the introduction, section two is devoted to the birth of the Magna Carta and the diffusion of its principles.