Magna Carta Analysis by Dominik Rosales Per.4 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis by Dominik Rosales Per.4
COMMITMENT TO "DUE PROCESS OF LAW"
Established procedures; no trial without evidence/testimony to support accusations; reliance on local courts and magistrates; trials held in a timely manner; trials open to the public; trial by jury of one's peers
Chapter 17 belongs here because it makes the process of of lawsuits faster and more organized, ince it doesn't mve from place to place, documents can be stored. People also don't have to travel to the royalcourt to settle a lawsuit.
Chapter 18 belongs here because it says that cases or lawsuis shall be taken in local courts making the process more efficient and convinient.
Chapter 38 belongs here because it says that witnesses must attest that someone had committed the crime they are being accused of before they are charged
FAIRNESS OF THE LAWS AND THEIR EXECUTION
"Reasonable" rules and regulations; equal justice under the law; recognition of customs, traditions, and established rights; restoration of property and fines if not justly taken; punishment in proportion to the crime.
Chapter 1 belongs here because the Archbishop claims and gurantees rights and freedom of the church without being subject to the king.
Chapter 19 belongs here because it says that everyone will get a fair hearing no matter what.
Chapter 20 belongs here because it says that people will be fined or sentenced in proportion to the offense.
Chapter 21 belongs here because Earls and BArons can only be fined by their equals and in proportion to their offense.
Chapter 40 belongs here because it says that some writs could be fines that cost in correlation to the offense.
Chapter 60 should be here because it says that all men should and shall be observed with equal relations of their own men.
RESPECT FOR ECONOMIC RIGHTS
Right to property; fairness in economic transactions--standard weights and measures; reimbursement for and/or restoration of property; freedom for merchants to move in order to conduct business
Chapter 39 belongs here because it says that when someone is convicted, seized, or imprisoned, their rights and belongings can't be taken away.
Chapter 55 belongs here because it repays fines that were givin and exacted unjustly
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
Chapter 24 should be here because it provides a system of justice and not a system of local interpretation.
Chapter 36 should be here because it says that you can't be charged with death or other punishments without the proper information
Chapter 45 belongs here because it says that if you are going to keep up the law, you have to know and understand it to make everything fair and just.
Chapter 63 should be here because it says that the church and the men within the kingdom shall be free, while keeping their liberties, rights, and consessions.