Magna Carta Analysis Emily Ellis Period 3 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis
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
In chapter 60 the topic of equal rights is talked about and how it is used in the law.
In chapter 55 the topic of repayment for all of the unfair fines is discussed. If a person was not repaid they could go to court.
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 17 explains why they should establish a permanent court. It will help them have a better schedule so that all people get a fair trial.
Chapter 18 explains the reasoning around having local courts. This reasoning is so that hearings were easier and more fair.
Chapter 38 explains that without a witness a person can not be convicted of a crime.
Chapter 40 explains that a person will not pay to go to court. They can fine the other person if they are proven guilty.
Chapter 20 explains the reasoning behind the new system for convicting and punishing a criminal. The person would be punished according to how severe their crime was.
Chapter 36 explains how no one can loose life or limb. This means that they can not be punished punished without trial.
Chapter 39 explains
Chapter 21 explains that a person will not be fined or judged by someone who is not equal to them. A jury of their peers.
Chapter 19 explains that even if the schedule was full they would still try to get a fair hearing as soon as possible.
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
In chapter 45 it explains that all of the law enforcement must treat all people fairly and with respect.
In chapter 63 they conclude the rights and laws. It is basically a summary of the Magna Carta.
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 1 explains the basics of the new laws they were trying to pass. It also explains the reasoning of how people were to be equal.
Chapter 24 explains how no person or law enforcement officer was above the law. Nobody could escape conviction if they did something illegal.
In chapter 39 it explains that no one would be stripped of their rights without a fair trial. They were to have a trial and jury of their peers.