Magna Carta Analysis by Aubrey Anderson Period 1 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis by Aubrey Anderson 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
Article 17 states that the legal court will stay in one place and not move to avoid delays in having cases.
Article 18 says that cases were more appropriately heard in courts and that the law wanted to provide a just hearing.
Article 19 states that hearings and trials would be held even if the docket was overfilled.
Article 20 states that people will be punished for breaking the law in proportion to the offense that they broke it in.
Article 21 states that if someone of a higher nobility commits a crime, they will be judged by someone of their same nobility.
Article 24 says that no one but the royal justice system can hold a court unless they are elected by the people.
Article 38 states that no man who is on trial will be put on the stand unless there are witnesses that relate to the crime.
Article 39 states that a man would keep his land, possession, and freedom unless a jury of his own peers comes to the verdict that he is guilty.
Article 55 states that there is an established procedure to deal with unjust fines.
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.
Article 19 states that everyone would get a just and fair trial which shows that it is establishing equality and equal justice.
Article 20 states that people who break the law will be punished in proportion to the measure they broke in. This shows justice equality and equal rights.
Article 21 states that higher positions of nobility will be fined by people of their same status if they brake the law. This will allow a fair trial.
Article 24 states that only members of the royal court can hold a trial and no one else unless elected. This establishes rules and regulations which keep courts fair and organized.
Article 36 states that if you commit a crime, no limbs will be chopped off. You will be reasonably punished instead of getting a limb chopped off like they had been in the past.
Article 38 states that no man should be put on trial unless there are witnesses. This makes sure that it is an actual case and not someone just trying to get rid of someone else.
Article 39 states that a man will keep his possessions and rights unless a jury of men of equal status to him comes to a conclusion that he is guilty.
Article 40 states that no one can take anyone's rights away from them.
Article 45 states that anyone who is appointed as important officials must know the law and be prepared to keep it well.
Article 55 states that there will be a repayment to all unjustly fines.
Article 60 states that all men in the kingdom will have rights.
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
Article 39 states that no man will be stripped of his rights or possessions, or proceed with force against him unless the jury of his equals accuse him of breaking the law.
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
Article 38 states that a man can't be put on trial unless there is a witness. So if the king doesn't like someone, he can't put them on trial. This limits his power.
Article 40 states that no one can take away a man's rights and this includes the king.
Article 60 states that rights and liberties will be given to all men in the kingdom. This means that the king doesn't have a ton of power.
Article 63 states that the English Church will have the most power when it comes to political.