Martin Krygier, University of New South Wales Faculty of Law, is publishing Magna Carta and the Rule of Law Tradition in Department of the Australian Senate Papers on Parliament Series. Here is the abstract.
The argument of this paper has five parts. First I sketch two opposed views, those of Magna Carta Votaries, True Believers, on the one hand, and Sceptics, on the other. I believe both are mistaken, indeed both make the same mistake on the way to opposite conclusions. Second, I introduce a theme that I think is less banal than it sounds (I hope that’s true, because it does sound pretty banal): Everyone is from Somewhere. Then I move from the first part of my title, Magna Carta, to the second part, the rule of law tradition. I treat it in three stages, by saying something first about tradition, then about legal tradition, and finally about rule of law tradition. My conclusion supports two cheers for Magna Carta and three for rule of law tradition.Download the paper from SSRN at the link.