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Magna Carta Analysis by Katharine Barragan p1 (COMMITMENT TO "DUE…
Magna Carta Analysis by Katharine Barragan p1
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
said that there should be a court, and that the court should stay in one place at all times, as it would be more practical.
Chapter 18
said that people will be heard in a court close by for convenience and also included that everyone will get a fair hearing.
Chapter 19
States that they will put effort into giving everyone a fair hearing even when their schedule was overwhelming.
Chapter 38
says that A person will not be put on trial if they have no witnesses to say what happened.
Chapter 40
says that No one can sell, deny, or delay the right of justice to any man.
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 20 and 21
says that depending on the severity of the crime, the punishment will vary, to establish more fairness.
Chapter 24
says that the change was to make an identical system of justice and wont subject to other's analysis.
Chapter 36
says that a person is innocent and will not be given punishment until proven guilty
Chapter 55
says that the fines will be repayed if they were unjustified..
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
stated that a person will not receive a punishment by anyone else but the law and a lawful judgement.
Chapter 45
says that Only people who know the law and will obey it will work as administers of the law.
chapter 60
states that liberties will be bestowed upon all men within the kingdom.
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 one
says that the church needs freedom from the kings power to do as they please. Before this, the king would interfere with almost everything they did.
chapter 63
states that Men will keep all of their liberties, rights, and concessions, in their fullness for their life and will he passed down to their heirs.