User:Jnestorius/Magna Carta

General
The British Constitution Group, which "campaigns for the restoration of Britain's ancient constitution", states:
 * In 1297 the Model Parliament confirmed Magna Carta in statute law. Much of this statute has since been repealed. Yet while Parliament can repeal or amend any Act of Parliament (statute), Parliament was not a party to the original Common Law contract, and cannot, therefore, amend or repeal it lawfully, and thus its original provisions remain intact.

Does any less marginal group share this view?

The UK Law Reform Committee in 1965 proposed repealing all of 1297 statute except c.29 but Parliament removed c.1 and c.37 from the bill that became the Statute Law (Repeals) Act 1969.

Other jurisdictions
A useful survey of reception statutes is Chapter 6 of Joan Snape Marshall's 1977 thesis.

Australia
Only c 29 survives
 * in the substantive statute law of four Australian State and Territory jurisdictions [Imperial Acts Application Act 1969 (NSW) Sch 2 Pt 1; Imperial Acts Application Act 1980 (Vic) Sch; Imperial Acts Application Act 1984 (Qld) Sch 1; Legislation Act 2001 (ACT) s 17(2) and Sch 1 Pt 1.1]
 * and as the received law in the other three States and Territory.

Ireland
https://www.fourcourtspress.ie/books/new-year-folder/law-and-the-idea-of-liberty-in-ireland-from-magna-carta-to-the-present/contents

The Magna Carta Hibernia is a modified version of the Magna Carta of 1216 that was transmitted to Dublin. Robin Dudley Edwards argued that the text recorded in the 15th-century Red Book of the Irish Exchequer is contains amendments made unilaterally by Irish Exchequer officials.

Some repealed by Parliament of Northern Ireland acts, others by Westminster acts; Government of Ireland Act 1920 reserved "constitutional" issues as ultra vires for NI Parliament.
 * Northern Ireland:

The Statute Law Revision Act 2007 retains three versions: five acts from 1297 (adoption by Poynings, alkso retained) plus one from 1215, plus 1216 adoption of 1215.
 * Republic of Ireland:

New Zealand
Looks like only c.29 as well.

Scotland
A 1904 case where an argument that Magna Carta affected the Crown's prerogative fishing rights in Scotland was rejected by the Court of Session. "It is certain that Magna Carta was at its most important for Scotland in the year of its creation (1215), and that that importance probably did not long outlive King John".

Singapore
Law of Singapore implicitly accepted by the Second Charter of Justice in 1826, and repealed by the Application of English Law Act 1993.

United States
First Continental Congress 1774 resolution "That the respective colonies are entitled to the common law of England ... That they are entitled to the benefit of such of the English statutes, as existed at the time of their colonization; and which they have, by experience, respectively found to be applicable to their several local and other circumstances." All US states bar law of Louisiana have reception statutes for English common law, but only some interpret "common law" as including "relevant" statute law as well as judicial precedents and rules of law. What counts as "relevant" is vague and decided by state judges. Some states have passed statues explicitly repealing or denying the force of law to English/British statutes (and sometimes to colonial statutes). In such cases, Magna Carta might still be seen as "common" rather than "statute" law. Magna Carta has certainly been mentioned by US judges, but has it been Do any states have a Revised edition of statutes which includes English/British law? Does any have a statute explicitly repealing or amending (as opposed to restating) part of Magna Carta?

"17 states have incorporated the entire text of Magna Carta into their statute books, beginning with South Carolina in 1836 and most recently in North Dakota in 1943."

William Schley in 1826 states "Very few of the provisions of this charter are in force in Georgia, being generally inapplicable, or superceded by our own laws. The 4, 5, 7, 14, 29, 30 and 36 chapters only, contain principles applicable to our situation". Schley nevertheless printed the complete text, "in order that this great statute might appear entire, and without mutilation".
 * Georgia:

Digest from 1822 which includes "English and Virginia statutes, yet in force" appears not to include any of Magna Carta.
 * Kentucky:

Supreme Court of Pennsylvania reported in 1808 on British Statutes in force, noting two chapters of Magna Carta (dated 9 Hen.3 [1225] per Ruffhead) of which c.7 was to be incorporated and c.34 not.
 * Pennsylvania:

A 1712 Act of the Provincial Assembly adopted some English statutes, including 9 Hen.3 [1225] cc 1,8,18,28,29,34; in 1814 all but c34 are marked "obsolete" by Joseph Brevard.
 * South Carolina:

Clauses
William Sharp McKechnie's 1914 volume cross-references the 1215 and 1225 chapter numbers.

Barry Sharples's website has convenient transcriptions of 1215, 1216, 1217, 1225, and 1297 texts from Richard Thomson, lacking only Thomson's cross-reference numbers from each text to the preceding one. However these don't line up with the Irish Statute Book numbering; perhaps some clauses are missing; e.g. 1217 45-46-47 in ISB numbers are 42-x-43 in Thomson numbering, where nothing corresponds to 46. Holt says he uses "conventional numbering" of clauses.

1863 comments on 25 Ed. I [9 Hen. 3. in Ruffhead's Edition]: Acts referred to: