《大憲章》Magna Carta 如何影響世界

On June 15, 1215, one of the most important documents in world history was signed. The document is called the Magna Carta, Latin for “Great Charter”, and was signed by John, King of England, and his barons.

1215年6月15日，世界歷史上最重要的文件之一簽署，名爲“Magna Carta”，即拉丁語中“大憲章”之意。文件的簽字雙方分別是英國國王約翰與他的男爵們。

A series of events are taking place in the UK to mark the occasion, including a flotilla of boats sailing down the Thames and a royal appearance in Runnymede, England, the site of the charter’s sealing 800 years ago.

爲紀念《大憲章》簽署八百週年，英國舉行了一系列活動：艦隊沿泰晤士河巡遊，英國王室們也現身八百年前《大憲章》簽署之地——英格蘭的蘭尼米德。

Why is the Magna Carta so important? How did it come about? What is its legacy?

《大憲章》爲何如此重要？它是如何簽署的？給世人留下了什麼？

The Magna Carta established the rule of law. No one, not even the king, was above the law. The charter also laid the foundation for the modern judicial system in many countries.

《大憲章》奠定了法律的基石，即任何人都不能凌駕於法律之上，即使國王也不例外。《大憲章》也爲許多國家現代法律體系奠定了基礎。

A symbol of liberty and human rights, the Magna Carta was originally meant to be a peace treaty between King John and his barons. The king fought losing wars in France, demanding more taxes from nobility expected to pay up if the king asked.

象徵着自由與人權的《大憲章》最初是英王約翰與其男爵之間的一份和平協議。當時，英國國王在對法國的戰爭中戰敗，要求貴族增加納稅。

The barons were angry about the king exploiting their loyalty and taking an absolute approach to power, so they rebelled, took over London and forced the king to negotiate.

男爵們心生怨氣，認爲國王利用他們的忠誠，專制獨裁，於是揭竿而起，佔領了倫敦，強迫約翰王進行談判。

Power by the people

人民的權力

The Magna Carta established the principle that the people of England, at this stage represented by the barons, could limit the power of a king, explains a BBC article. It was the first formal document stating that a king had to follow the laws of the land and it guaranteed the rights of individuals against the wishes of the king. This meant people couldn’t be arrested, imprisoned or have their possessions taken away unless they were determined to have violated the law of the land by their peers. This laid the way for trial by jury, which means people are tried by their peers and guaranteed the civil rights of the individual.

如BBC的文章所寫，《大憲章》確立了一項原則，即當時貴族所代表的英格蘭人民可以限制國王的權力。《大憲章》是第一份正式規定國王也必須遵守《土地法》、並保證個人權利不受國王私慾侵犯的文件。這也意味着，除非衆人一致認爲某人違反了《土地法》，否則不得逮捕任何人、令其入獄或是沒收其財產。《大憲章》因此也奠定了陪審審判制度，即由人民組成陪審團進行審判，以確保每個公民的權利。

Basically this means that the law belongs to everyone, not just the powerful. Many people regard the Magna Carta as the death certificate of despotism.

簡而言之，《大憲章》的簽署意味着法律面前人人平等，而不再只是歸有權人所有。許多人將《大憲章》看作是專制獨裁的終結。

According to Maxwell Cameron, a professor from the University of British Columbia in Canada, the Magna Carta was a first attempt to write down and formalize the rule of law. It was really a kind of proto-constitution, says Cameron in an article published on the university’s website. The Magna Carta has been looked to for inspiration by constitution writers every since.

來自加拿大英屬哥倫比亞大學的教授麥斯威爾•卡梅倫認爲，《大憲章》是“法治”理念第一次被白紙黑字地寫入正式文件。卡梅倫在發佈於學校官網上的文章中寫道，《大憲章》堪稱是《憲法》的前身。此後的《憲法》起草人們正是受到了《大憲章》的啓示。

For example, there are strong influences from the Magna Carta in the US Declaration of Independence and US Bill of Rights. In Canada, the Magna Carta forms part of the country’s common law tradition.

例如，美國的《獨立宣言》和《人權法案》就受到《大憲章》的深刻影響；在加拿大，《大憲章》則是其國家普通法的一部分。

When people talk about writing constitutions today, they talk about writing a “Magna Carta”. That phrase has become synonymous with constitutionalism.

直至今日，當人們談起憲法，都會用“寫《大憲章》”這樣的說法，因爲它已經成爲立憲的同義詞。