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Kings of England. So this is not the praise that simply comes
fully formed. It is a difficult one. But I think it is important for
us to look back as we have the ability to do from this distance.
And, look at the comments of the Jurist Glanvill in 1190,
who said at that point, “What pleases the Prince has the force of
law.” And, fast-forward to Henry Bracton in 1230, who said,
“The King is subject to go under law because it is the law that
makes him King.” It was an obvious and clear shift, I think, that
really set the tone for what followed after.
So, that takes us to what actually the Magna Carta says. We
have talked a lot about some of the principles, and I were not
going to get into an academic debate which, I think, was much
more learned and denied and has already showed how difficult it
is. But it takes three of the examples or three of the key passages
we got from Magna Carta that make famous Chapter 39 and, if
you and the translators will forgive me, I will read from it.
“No free man needs to be arrested or imprisoned or
dispossessed the properties or outlawed or exiled or, in anyway,
destroyed. Nor will we go against him, nor will we send
against him, saved by law of judgment to his peers by the law of
the land.”
So, the most famous chapter on justice still appears nostalgic
but, today, you have heard of embodied and trimmed principles
that rulers are subject to the law and the citizens are protected by
the law. So said others today over the course of the conference, we
talk about what the rule of law means in practice. As Professor
Harding made clear, it was not settled at least by his definition in
the UK until in the late eighteenth century. So it took out some
time to bed down as well. And from a practitioner’s point of view
when I said in the Prime Minister’s Office or in the Attorney’s
Office. Let’s be clear, it can be very frustrating for governments.
And, certainly, there is no part of the law that makes the life of the
government an easy one. It affected the constitutional and
unconstrained government entire action. That is what it is that
established in our constitution. And it is set out very clear in our
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