Rights, Law, Liberty &
The Magna Carta

By Justin Constable, 27th June 2025.

(Revised 1st July 2025)

justin@project369.org

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1. Introduction

Legal systems have long prioritized human-centric models of justice, often neglecting the rights and well-being of animals and the natural world. However, the interconnected crises of climate change, habitat loss, mass extinction, and social inequality reveal the urgent need for a broader rights-based paradigm.

This article argues that human, animal, and nature rights are not isolated but interdependent. It further contends that these rights must be enshrined in a legal framework grounded in the rule of law, enforced through a strong separation of powers, and guided by both historical precedent and contemporary statutory instruments such as the Care Act 2014 and the Housing Act 1998.

2. The Magna Carta and the Origins of Legal Accountability

The Magna Carta, sealed in 1215, is widely regarded as the origin of modern legal accountability. It institutionalized the principle that rulers are not above the law. Clause 39—“No free man shall be seized or imprisoned... except by the lawful judgment of his equals or by the law of the land”—established the foundation of due process and legal equality (Vincent, 2012).

This commitment to law as a safeguard against tyranny underpins democratic governance and human rights protections today. However, the scope of this protection must now be extended. If the law is truly to serve justice, it must evolve to defend not only individuals, but the ecosystems and species on which life depends.

3. The Separation of Powers: A Framework for Justice

The separation of powers, most famously theorized by Montesquieu and later embedded in constitutions worldwide, divides authority among legislative, executive, and judicial branches. This structure prevents the concentration of power and ensures independent enforcement of laws and rights (Vile, 1998).

A functioning separation of powers is critical to extending rights protections to animals and ecosystems. Without it, environmental legislation and welfare protections are vulnerable to political interference and industry lobbying. Effective checks and balances are essential to implement and enforce an integrated rights framework.

4. Human Rights and Social Protections in Law

The Universal Declaration of Human Rights (1948) enshrines the inherent dignity and equal rights of all people. Building on this, national statutes like the Care Act 2014 and Housing Act 1998 bring rights into practical governance:

• The Care Act 2014 is a piece of UK legislation that reformed how social care is provided to adults in England. It aims to create a more consistent and person-centered approach to care and support, and also includes provisions for safeguarding adults from abuse or neglect.

  Key aspects of the Care Act 2014:

  • Adults with Care Needs:

    The act focuses on the care and support of adults with care needs, including older people, and how these needs are met and paid for. 

  • Local Authority Responsibilities:

    It outlines the general responsibilities of local authorities in providing care and support, including assessments, information, and advice. 

  • Safeguarding Adults:

    The act places a statutory duty on local authorities to safeguard adults from abuse and neglect. 

  • Personalization and Participation:

    It emphasizes the importance of involving individuals in decisions about their care and support, ensuring their well-being and independence. 

  • Eligibility Criteria:

    The act establishes clear eligibility criteria for accessing care and support services. 

  • Charging and Financial Assessment:

    It also addresses how individuals contribute financially to their care and support. 

  .           
  The Housing Act 1998 refers to both Irish & British legislation.

           In Ireland:

• The Housing (Traveler Accommodation) Act 1998 focuses on providing accommodation for the Traveler community.
• It establishes frameworks for accommodation needs, including the appointment of consultative committees at both national and local levels. 

            In the UK:

• The Housing Act 1988 significantly reformed the private rented sector, introducing Assured Tenancies and Assured Shorthold Tenancies (ASTs).
• It provided landlords with the right to recover possession of properties under certain circumstances, such as after the end of a fixed-term tenancy, which impacted the security of tenure for tenants. 

These Acts make tangible the promise of civil liberties by embedding protections into statutory obligations. Yet these protections stop at the boundaries of the human species—and fail to consider the environmental systems on which housing and care depend.

5. Animal Rights and the Expansion of Legal Standing

Animal rights have long existed in philosophical debate but are only recently entering the legal mainstream. Peter Singer’s (1975) principle of equal consideration of interests challenges species-based discrimination, while Steven Wise (2000) advocates for legal personhood for cognitively complex animals.

Progressive legal systems are beginning to respond. In 2020, Ecuador’s Constitutional Court ruled that a woolly monkey named Estrellita had rights under the nation’s constitution, which recognizes nature as a subject of rights (González, 2022). The court emphasized the state’s duty to prevent suffering, recognizing the animal as a rights-bearing subject.

This shift from animals as property to beings with legal interests marks a pivotal moment. Like human rights, animal rights must be integrated into law through enforceable mechanisms, protected by the same institutional safeguards.

6. Nature Rights and Legal Personhood of the Environment

The Rights of Nature movement argues that natural entities—rivers, forests, ecosystems—deserve legal personhood and the right to thrive. Countries like Ecuador and Bolivia have amended their constitutions to reflect this view, while New Zealand recognized the Whanganui River as a legal person in 2017, with appointed guardians to represent its interests (Ruru, 2018).

Earth jurisprudence, pioneered by thinkers such as Thomas Berry (1999) and Cormac Cullinan (2011), posits that law must evolve beyond anthropocentrism. This jurisprudence aligns with environmental ethics and the rule of law by ensuring that ecosystems are protected not only for their utility, but for their inherent value and continued existence.

7. Integrating Rights: A Unified Legal Framework

A future-proof legal system must integrate:

• Human Rights & Civil Liberties – Grounded in dignity, procedural fairness, care, and housing security.

• Animal Rights – Recognizing sentience, autonomy, and the right to live free from cruelty or exploitation.

• Nature Rights – Including rights to regeneration, balance, and protection from degradation.

• Rule of Law – Ensuring consistency, fairness, and access to justice for all beings.

• Separation of Powers – Guaranteeing institutional integrity and independent enforcement.

This integration is not merely theoretical. It has practical implications for policy, governance, infrastructure, economics, and social services. Models such as Doughnut Economics (Raworth, 2017) and Earth Law provide pathways for implementation, linking ecological limits to social foundations.

9.  References:

Berry, T. (1999). The Great Work: Our Way into the Future. Bell Tower.

Cullinan, C. (2011). Wild Law: A Manifesto for Earth Justice (2nd ed.). Chelsea Green Publishing.

Donahue, C. (2003). The Medieval Constitution: Magna Carta and the Emergence of the Rule of Law. Yale Law Journal, 112(8), 2137–2178.

González, J. (2022). Ecuador’s Animal Rights Case: A Landmark for Earth Jurisprudence. Environmental Law Review, 24(1), 5–14.

Koivurova, T. (2008). Human Rights Approaches to Climate Change: The Challenges of Human Rights Protection in the Context of Climate Change. UN Chronicle, 45(1), 22–25.

Linebaugh, P. (2008). The Magna Carta Manifesto: Liberties and Commons for All. University of California Press.

Raworth, K. (2017). Doughnut Economics: Seven Ways to Think Like a 21st-Century Economist. Chelsea Green Publishing.

Ruru, J. (2018). Listening to Papatuanuku: A Call to Reform Water Law. Journal of Environmental Law, 30(1), 1–10.

Singer, P. (1975). Animal Liberation: A New Ethics for Our Treatment of Animals. HarperCollins.


Government of Ireland. (1998) The Housing (Traveller Accommodation) Act 1998

https://www.gov.ie/en/department-of-housing-local-government-and-heritage/services/traveller-accommodation/

UK Parliament. (1998). Housing Act 1998. https://www.legislation.gov.uk

UK Parliament. (2014). Care Act 2014. https://www.legislation.gov.uk

Vincent, N. (2012). Magna Carta: A Very Short Introduction. Oxford University Press.

Vile, M. J. C. (1998). Constitutionalism and the Separation of Powers. Liberty Fund.

Wise, S. M. (2000). Rattling the Cage: Toward Legal Rights for Animals. Perseus Books.

This work is licensed under a Creative Commons Attribution-Non Commercial-No Derivatives 4.0 International License.

It's trademarks, artwork and content are also protected by copyright and with all rights reserved. For consents, email us.

The Magna Carta