Magna Carta and the Rule of Law Tradition

Department of the Australian Senate Papers on Parliament Series, Forthcoming

UNSW Law Research Paper No. 2015-76

16 Pages Posted: 11 Jan 2016

See all articles by Martin Krygier

Martin Krygier

University of New South Wales (UNSW) - Faculty of Law

Date Written: December 18, 2015

Abstract

The argument of this paper has five parts. First I sketch two opposed views, those of Magna Carta Votaries, True Believers, on the one hand, and Sceptics, on the other. I believe both are mistaken, indeed both make the same mistake on the way to opposite conclusions. Second, I introduce a theme that I think is less banal than it sounds (I hope that’s true, because it does sound pretty banal): Everyone is from Somewhere. Then I move from the first part of my title, Magna Carta, to the second part, the rule of law tradition. I treat it in three stages, by saying something first about tradition, then about legal tradition, and finally about rule of law tradition. My conclusion supports two cheers for Magna Carta and three for rule of law tradition.

Keywords: Magna Carta, rule of law, tradition

Suggested Citation

Krygier, Martin Evald John, Magna Carta and the Rule of Law Tradition (December 18, 2015). Department of the Australian Senate Papers on Parliament Series, Forthcoming; UNSW Law Research Paper No. 2015-76. Available at SSRN: https://ssrn.com/abstract=2713610

Martin Evald John Krygier (Contact Author)

University of New South Wales (UNSW) - Faculty of Law ( email )

Kensington, New South Wales 2052
Australia

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