Magna Carta Analysis by Hien Lu (Period 3) (FAIRNESS OF THE LAWS AND THEIR…
Magna Carta Analysis by Hien Lu (Period 3)
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 45> explains that law-people must know what the laws are and have temperments and willpower to carry them out in a good way, to hopefully ensure that officials are not inept and ineffective
<Chapter 19> explains that even if the process of the court is long and you might not even get a showing that day, they would do their best to let everyone get a fair hearing even if their "docket" was overloaded.
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> explains that there are laws and rules that need to happen, as it states that it wants the church to be free and have its rights undiminished, and it liberties unimpaired. They state that the freedom they want is a true necessity.
<Chapter 17> explains that they needed a place to have normal cases and a place where legal records could be stored and consulted, this was a reasonable alternative to as moving the court from one location to another, overall making it easier for Execution to take place.
<Chapter 18> explains that there will be 2 justices to each county four times a year, showing how many times they will show or when the execution will happen.
<Chapters 20-21> explains that there is a standard for fairness as it explains that the punishments given would be the what the person deserves, which sets a standard of fairness.
<Chapter 39> explains that no one can be imprisoned or have everything taken away from them or deprived of their standing, except by lawful judgement or by the law of the land, stating that they can't have everything taken from them by some other force besides the law.
<Chapter 40> shows that they will be completely fair and they will not deny or delay right of justice to any person, as it states that people would use their money to get out of things. now you can no longer do that.
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 24> shows that everyone would be following a uniform system that allows everyone to have the same type of court type meeting, and no one could perform a court held by Royal Justices.
<Chapter 38> explains that no person corrupted or rich cannot place false charges or accusations on top of you without any hard evidence, and without producing any credible witnesses.
<Chapter 55> explains that every unjustly fine that has been done or against the law of the land, all of the fines that were unjust would be remitted, showing that they are truly starting to respect the people or giving the rights to the people for fairness.
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 36> explains that if the punishment requires your life or one of your limbs, and you cannot protect yourself with a factor of money involved.
<Chapter 60> Everyone generally gets a lot more freedom, leaving all men to have more rights than they used, this law allowed the men of the very lowest to have the same rights as the men of the very highest (just not power).
<Chapter 63> explains that they want their law to have the English Church to be free, and the men in the kingdom shall have and keep all these liberties, rights, and concessions.