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While there have been revisions of the 1215 Magna Carta throughout history, the continued importance of it will be justified by analysing three supposed effects: the introduction of parliament, procedural advancements on the legal system and finally the substantive impact on the common law.

Creation of parliament

Firstly, the Magna Carta planted the seeds for the creation of parliament by limiting the royal prerogative. Recalling its origins, Lord Neuberger rightly asserts that a king discussing laws with his subjects was remarkable for the time and “the first step towards a democracy”. He suggests that the commission of 25 barons to hold the king accountable in clause 61 formed a mini-parliament, the first since the Norman conquest. While later versions of the charter lost this clause, the suggestion resonates today. Fundamentally, the separation of powers serves to reciprocally check the institutions for abuses within the legal system; it remains important for transparency and confidence from the public.

Taxation was the impetus for the democratic shift as clause 12 states no scutage or aid is to be imposed without common counsel, highly relevant as the governing body is still required to consult parliament. This is illustrated through the case of R (Miller) v Secretary of State for Exiting the European Union in 2017 where the executive needed an Act of Parliament to remove EU law. Though it’s not a distinct mirroring of parliamentary supremacy enforcement, it demonstrates the far-reaching effect of consensual taxation in the Magna Carta. It’s appreciated that the charter served the elite significantly more than others as scutage was a baron-specific tax. Nevertheless, by focusing on the potential rather than the practical benefit, the Magna Carta has become symbolic as a successful constitutional contract between the monarch and the people. As the first of its kind, it shouldn’t be expected to be perfect, but rather the framework for the current legal system.

Trial by jury

The Magna Carta also laid the framework for trials by jury. In clause 39, the king promises to not violate the rights of a free man except by the lawful judgement of his equal (or law of the land). Not only is this clause still British law, but Lady Hale argues that the charter’s introduction of peer assessment provided an incentive to obey the law and encouraged fair criminal process. Indeed, clause 39 has cemented due process; without the guarantee of a fair trial, there’d be no stability in the constitution. 

Significantly, from this primal jury system came habeas corpus. Sir Coke incorporated clause 39 in his efforts to affirm the individual’s right to know which offence they’re charged for and if detention is justified, leading to the Habeas Corpus Act 1679 that remains today. Referring to this principle in the famous Belmarsh case (A v Secretary of State for the Home Department), it’s held that indefinite detention of foreign prisoners is incompatible with article five of the European Convention of the Human Rights and that the court ought not “to overlook the human rights of persons adversely affected”. Thus, the provisions of the Magna Carta afford security and fundamental freedoms that are presently relied on. 

Common Law

As only three clauses from the 1215 Magna Carta remain, it’s questionable how the charter has substantially affected the common law system, if at all. One of these clauses, however, promises to not sell, delay or deny justice to any man. Echoed in the ‘justice delayed is justice denied’ philosophy today, clause 40 also provides fundamental rights for all that has developed into the rule of law.

Advocates of the Magna Carta point to this as the starting block for significant right-based documents – ie, the Bills of Rights 1689 affirmed that the Crown couldn’t dispense with the law. Furthermore, Eleanor Roosevelt famously hailed the Universal Declaration of Human Rights as “the international Magna Carta”, which stipulates that everyone is free, equal and has the same protection in law. While the Magna Carta certainly can’t take all the credit for these long-sought documents, it’s an inspiration that laid the foundations for modern society.

To summarise, the Magna Carta has had a profound impact on the legal system. Firstly, its origins paved the way for the separation of powers, using taxation as an agent for parliamentary discussion and development. Secondly, its provisions on a trial-by-jury system lead to due process. Even though these aspects weren’t representative, it holds importance for its foundational and symbolic character. It was remarkable for its time, seen through the habeas corpus clause that’s still in action today. Finally, it entitled citizens to justice, which is what the legal system and other significant right-based documents are built on. Though most of the charter has been lost and it required repeated reissues, the rule of law and notion of equality permeates in the system today.