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Full-Text Articles in Law
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee
Magna Carta Then And Now: A Symbol Of Freedom And Equal Rights For All, Eugene K. B. Tan, Jack Tsen-Ta Lee
Research Collection Yong Pung How School Of Law
Magna Carta became applicable to Singapore in 1826 when a court system administering English law was established in the Straits Settlements. This remained the case through Singapore’s evolution from Crown colony to independent republic. The Great Charter only ceased to apply in 1993, when Parliament enacted the Application of English Law Act to clarify which colonial laws were still part of Singapore law. Nonetheless, Magna Carta’s legacy in Singapore continues in a number of ways. Principles such as due process of law and the supremacy of law are cornerstones of the rule of law, vital to the success, stability and …
From Magna Carta To Chambers V. Florida: Hugo Black And “The Law Of The Land.”, Paul R. Baier
From Magna Carta To Chambers V. Florida: Hugo Black And “The Law Of The Land.”, Paul R. Baier
Journal Articles
No abstract provided.
Happy 790th, Magna Carta!, Thomas J. Mcsweeney
"Originalism" In Magna Carta, Augusto Zimmerman
"Originalism" In Magna Carta, Augusto Zimmerman
Law Papers and Journal Articles
No abstract provided.
Magna Carta's Rule Of Politics, John F. Preis
Magna Carta's Rule Of Politics, John F. Preis
Law Faculty Publications
Eight hundred years ago last week in a meadow west of London, King John of England did something peculiar for a king: He promised to obey "the law of the land." And thus was born, we have been taught, America's "rule of law" - the principle that political leaders must act within boundaries set out in law.
English kings at that time did not feel bound to obey the law (much less anything else), so John's promise is typically celebrated as a huge step forward in the history of good government. It is entirely proper to remember Magna Carta for …
Wanted Dead & Alive: Modern Law, Universality, And The Colonial Exception, Tayyab Mahmud
Wanted Dead & Alive: Modern Law, Universality, And The Colonial Exception, Tayyab Mahmud
Faculty Articles
The ubiquitous exclusion/inclusion binary is not a helpful frame to measure the depth and reach of constitutionalism and human rights. Inscription of the law over subjugated bodies and spaces continues to subscribe to an enduring grammar of modernity’s engagement with alterity. This grammar is not one of exclusion, but, rather, forms a three-pronged matrix engagement: engulfment/exception/subordination. The Other is not “discovered,” left out or left alone — excluded from operations of constitutional regimes, and then gradually incorporated as a rights-bearing subject. The Other is always-already engulfed in operations of modern law, placed in zones of exception, and positioned in states …
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015, Vincent R. Johnson
The Ancient Magna Carta And The Modern Rule Of Law: 1215 To 2015, Vincent R. Johnson
Faculty Articles
This article argues the text of the Magna Carta, now 800 years old, and reflects many of the values that are at the center of the modern concept of the Rule of Law. A careful review of its provisions reveals the Magna Carta demonstrates a strong commitment to the resolution of disputes based on rules and procedures that are consistent, accessible, transparent, and fair; and to the development of a legal system characterized by official accountability and respect for human dignity.
The Great Charter, Vincent R. Johnson
The Great Charter, Vincent R. Johnson
Faculty Articles
A look at the history and legacy of the Magna Carta elucidates the many ways in which it shaped American jurisprudence and the law of Texas. The Magna Carta is held in high regard because the unknown drafters understood the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity. Its unquestionable commitment to the primacy of legal principles and anticipation of the development of judicial ethics significantly influenced and contributed to the construction and content of the Texas Constitution, Bill of Rights, and many Texas cities’ ethics codes. Although it was intensely focused on …
The Magna Carta And The Expectations It Set For Anglo-American Law, Vincent R. Johnson
The Magna Carta And The Expectations It Set For Anglo-American Law, Vincent R. Johnson
Faculty Articles
The Magna Carta has an impressive legacy in modern legal thought. The Magna Carta illuminated the importance of legal principles, fair procedures, proportional punishment, official accountability, and respect for human dignity that shaped the development of the law in England and America for centuries. While only four of the original sixty-three provisions in the 1215 Magna Carta are still good law in the United Kingdom, analysis shows that at least thirty of these reflect concerns that are still central today. Though it did not provide for full equality, as it maintained many of the medieval restrictions on the freedoms of …