MAGNA CARTA & ECHR

The 800th anniversary of the Magna Carta will be celebrated in Britain this year. This was the treaty signed between King John and a group of rebellious barons in 1215 that guaranteed British citizens a range of freedoms and civil rights. One of the 25 guarantors of the Magna Carta was the Earl of Winchester, Saer de Quincy, whose ancestors were from France. De Quincy fought King John when he failed to respect the Magna Carta and it all contained, and asked the French prince Louis to lay claim to the English throne. Whilst on a crusade, and far away from home, De Quincy died in 1219.

As a crusader today, De Quincy would probably have been labelled a foreign fighter by the intelligence services and would never have made it to the Kingdom of Jerusalem, having been stopped by border control as he attempted to leave the UK. His attempts to have King John of Runnymede replaced by a French king would have landed him in jail under anti-terrorism laws. And no doubt GCHQ, the intelligence services listening outpost in Cheltenham, would have kept him and his fellow barons under 24/7 surveillance as a threat to national security.

Today Magna Carta (and the accompanying legal presumption of habeas corpus) is celebrated as one of the most important documents in the history of civil rights. It is widely seen and accepted as being the precursor to later conventions that protect human rights and the rule of law, including the UN Universal Declaration of Human Rights, the European Convention on Human Rights and, more recently, the EU Charter of Fundamental Rights. Magna Carta, though, was never meant to protect all the people, whereas the UN and European documents gives equal protection to all citizens, regardless of their status in society.

Today, too, we don’t need charters to protect Barons against the abuse of power by Kings. But we do need laws that protect citizens against abuse of power by governments, and we need not only national laws, but European and international ones.

David Cameron symbolises Magna Carta as the ultimate expression and mantra of British values. While some Tories are now promulgating the argument that the UK should withdraw from the European Convention on Human Rights (ECHR) and return to those traditional values, against the backdrop of the Magna Carta anniversary celebrations their arguments are especially ironic. For example, they strongly accuse the ECHR of limiting the freedom of governments, but King John probably complained too about the Magna Carta unduly restricting his absolute freedom to rule as he wanted. But crucially those in power must be bound by law in order to protect citizens from arbitrary rule.

800 years on, the values and principles laid down in Magna Carta have been embraced by large parts of the world. They have become universal and their shared values are at the core of the European Union as a community of citizens. We should be glad that European courts in Luxembourg and Strasbourg protect us against governments exceeding and abusing their powers, undermining civil liberties and the rule of law.

Fundamental rights, the rule of law and democratic principles enshrined into nationhood are frequently violated in nearly all EU member states. In some cases, the violations are serious and systematic. The current Hungarian government is one of the most egregious offenders. In recent years, the media has been critically gagged, electoral law changed to secure an absolute majority for the governing party, political opponents weakened and the independence and impartiality of the judiciary undermined. But there are also many other examples across Europe: the ant-gay laws in Lithuania, the deportation of Roma people from France, the cruel and inhumane treatment of underage asylum seekers in the Netherlands, and the collective disregard shown for the law and civil liberties in many countries’ counter-terrorism policies.

If we become accepting of tolerating torture, secret prisons, rendition, abduction, and indefinite detention without fair trials and representation then we will lose our moral authority. Such blots tarnish Europe’s status as a shining beacon of freedom and human rights in the world. EU governments must be held accountable for such crimes, especially those that are committed in the name of defending democracy.

That is why we need legal instruments to uphold our common values, even if this means that sometimes national authorities are overruled. EU member states voluntarily signed up to these supranational laws and conventions for good reason, namely because it is the essence of democracy that those in power are bound by laws and that their powers are limited. Whilst that may sometimes be awkward, such checks and balances are the vital safeguards which protect us against abuse of power by the state.

As it happens, these principles are not politically left or right-wing, nor are they alien to modern British culture. Quite the opposite: safeguarding citizens’ rights and the rule of law have their roots firmly established in that ancient, famous document that will be celebrated this year. Magna Carta does not set Britain apart from the rest of Europe. It is the expression and very epitome of the common European values that we have all come to embrace.