La Magna Carta 800 ans après. Son héritage dans la tradition juridique de common law
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DOI:
https://doi.org/10.63277/gsc.v32i.4665Abstract
The 800th anniversary of the promulgation of Magna Charta (1215-2015) raised a great interest, giving the opportunity to reflect about its contents and implications. Following a comparative perspective, this article moves from some references in order to put Magna Charta in its historical context and to understand it as the starting point of the conception of the Rule of Law, which differentiates the common law legal tradition from the civil law one. In particular, the Author considers the aspects concerning the primacy of “unwritten law” over statute law, the unity of jurisdiction, the rules of interpretation of statute law and the use and circulation of precedents. Some conclusive remarks are given concerning the debate about the opportunity to have a written Constitution in the United Kingdom, enhanced by the House of Commons through a public consultation, which significantly has been named “A new Magna Charta?”, whose report has been diffused on 3rd March 2015.
