Kent Public Law expert David Radlett contributed to a panel discussion on the continuing relevance of Magna Carta in the 21st century at Maidstone Crown Court Open Day.
As events across the UK marked the 800th anniversary of the year in which Magna Carta was sealed by King John of England at Runnymede, David joined a panel of judges chaired by Her Honour Judge Adèle Williams on Saturday in Maidstone.
Sitting with him on the panel to discuss the charter that first protected the rights and freedoms of society were the Rt Hon Lord Clarke of Stone-cum-Ebony, Justice of the Supreme Court of the United Kingdom; Judge Jeremy Carey; and Andrew Patience QC.
David said: ‘During the panel discussion I observed that Magna Carta was of enormous political importance at the time, but that its legal significance was always subject to exaggeration. It applied only to free men which, of course, excluded all women and all those in serfdom. As a fundamental principle of the rule of law was that there should be equality before the law, Magna Carta could not be regarded as a keystone of that principle.
‘I repeated Dicey’s warning that it was dangerous to celebrate the ancient without looking at what was actually happening in the present. I also drew attention to the growing use of the civil penalty and dreadful decisions like Austin v Metropolitan Police Commissioner where courts in London and Strasbourg excused the “kettling” (confining) of people for seven hours in Oxford Street with the lame explanation that this was not a deprivation of liberty under Article 5 of the European Human Rights Convention, but merely a restriction of liberty. A lively discussion ensued.’
David is a Lecturer in Law at Kent Law School, teaching Public Law. He is currently researching the democratisation of senior judicial appointments. Read more about his research and publications on his staff profile.