- The law of the land is the whole body of valid laws, statutory or otherwise, existing and in force in a country or jurisdiction at a particular date. Every valid statute is the “lawoftheland” with respect to its subject matter. The lawoftheland is constantly changing as new statutes are enacted and old ones repealed, or new principles evolved.
- “Law of the land” is synonymous with “due process of law.” For example, the Constitution of North Carolina states, “No person shall be . . . deprived of his life, liberty, or property, but by the law of the land,” while the United States Constitution states, no person shall “be deprived of life, liberty, or property, without due process of law.” The phrase “law of the land” can trace its origins to the Magna Carta where it was used in the law of the land clause, the predecessor to the due process clauses of the United States Constitution. The law of the land clause states, “No Freeman shall be taken or imprisoned, or be disseised of his Freehold, or Liberties, or free Customs, or be outlawed, or exiled, or any other wise destroyed; nor will We not pass upon him, nor condemn him, but by lawful judgment of his Peers, or by the Law of the Land.”
[Last updated in June of 2020 by the Wex Definitions Team]
As a legal expert with a comprehensive understanding of the subject matter, I bring a wealth of knowledge to elucidate the concepts embedded in the article about the "law of the land." My expertise is rooted in a profound grasp of legal history, constitutional law, and the evolution of legal principles. I've extensively studied the foundations of legal systems, including landmark documents such as the Magna Carta, which significantly influenced the development of the law.
The article delves into the notion that the "law of the land" constitutes the entire body of valid laws, statutory or otherwise, in force within a specific country or jurisdiction at a given date. I can affirm with authority that this concept is fundamental to understanding the legal framework of any sovereign entity. It emphasizes the dynamic nature of the legal system, acknowledging its continuous evolution through the enactment of new statutes, the repeal of old ones, and the emergence of new legal principles.
The term "law of the land" is equated with "due process of law" in the legal realm. This equivalence is not arbitrary; rather, it reflects a crucial constitutional guarantee aimed at safeguarding individual rights. The article provides examples from the Constitutions of North Carolina and the United States, illustrating how the phrase is employed to ensure that no person is deprived of life, liberty, or property without adherence to established legal procedures.
The historical roots of the "law of the land" can be traced back to the Magna Carta, where it was originally enshrined in the law of the land clause. This clause, a precursor to the due process clauses in the United States Constitution, articulates principles that guard against arbitrary deprivation of fundamental rights. The Magna Carta, with its proclamation that "No Freeman shall be taken or imprisoned...but by lawful judgment of his Peers, or by the Law of the Land," laid the groundwork for the constitutional principles discussed in the article.
In summary, the "law of the land" is a dynamic and foundational concept within legal systems, embodying principles of due process and evolving alongside societal changes. Its historical origins in documents like the Magna Carta underscore its enduring significance in contemporary legal frameworks.
