Magna Carta Analysis by Kayla Won Period 1 (COMMITMENT TO "DUE…
Magna Carta Analysis by Kayla Won Period 1
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 explains that lawsuits need to be held in a fixed place, and not to be moved around.
Chapter 18 explains that certain cases need to be held in their proper court only.
Chapter 19 explains that if cases can't be held on the day of the county court, people need to remain behind. (for a fair hearing)
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 explains that people should only be fined based on their offense. (not very heavy)
Chapter 21 explains that earls and barons can only be fined by people of their own.
Chapter 55 explains if fines are given without fairness they need to be taken away in a special way.
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 1 explains the rights of the English church, and says that the church should be free.
Chapter 24 explains that certain lawsuits can only be held by royal justices. And not by sheriffs, constables or others.
Chapter 36 explains that nothing can be fined just based on first thoughts.
Chapter 38 explains that nobody can place someone on trial with his own statements, and needs a witness.
Chapter 39 explains that no one could be put in prison, except by the judgement of one's peers.
Chapter 40 explains that nobody's rights can be denied, and to treat everyone fairly.
Chapter 63 asks if the English Church should keep their rights.
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 45 explains that only people who know the law very well, must keep the law in order.
Chapter 60 explains that all people of their kingdom can observe. (made the amount of people who had rights and liberties bigger.)