and Modern Australia

Magna Carta is one of the most famous documents in the world. First written in 1215, it set out rules limiting the power of the monarchy and safeguarding basic human rights. Over its long history it has been reinterpreted as an icon of justice and liberty. Magna Carta is one of the historic foundations of Australian democracy. Its principles about the rule of law and good government remain relevant today.

Explore Magna Carta through its clauses or view the stories to discover how people have used this medieval document to shape modern Australia.

About Magna Carta

Magna Carta is one of the most famous documents in the world. First written in 1215, it set out rules limiting the power of the monarchy and safeguarding basic human rights. Over its long history it has been reinterpreted as an icon of justice and liberty. Magna Carta is one of the historic foundations of Australian democracy. Its principles about the rule of law and good government remain relevant today.

Magna Carta was written on sheepskin parchment in Latin, the language used by educated people of the time. Its 63 clauses deal mostly with specific rights and grievances of a select group of people —barons and freemen— in English feudal society. But other clauses address fundamental principles of common law. Magna Carta set out the right for people to access the courts, to have a fair trial, and to be consulted before a new tax was imposed. Most importantly, Magna Carta established that even leaders must obey the law. Because Magna Carta was written down, it had lasting legitimacy and showed people what had been agreed to. This concept of accountability is still vital in modern parliamentary democracy.

Magna Carta’s core ideas arrived in Australia with the First Fleet in 1788. They guided the establishment of the rule of law in the penal colony. Whereas convicts in Britain had no civil rights, convicts in the colony could access the legal system just like free settlers. Magna Carta’s principle that everyone is subject to the law was—for the newcomers at least—a reality in this new society.

Today, the spirit and ideals of Magna Carta underpin the Australian Constitution, the highest law of the nation. Like Magna Carta, the Constitution is a set of rules negotiated by the people and granted by the monarch. Defining the powers, procedures and limits of authority, it upholds the basic liberties of all Australians.

Acknowledgement

The museum gratefully acknowledges the generous support of the British Library in supplying various elements of the Magna Carta: An Australian Story exhibition and website.