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Magna Carta Analysis by Mattia Amato PERIOD 3 (RULE OF LAW (Powers and…
Magna Carta Analysis by Mattia Amato 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
(38) This clause states that no one should be placed on trial or accused of a crime without a statement and evidence
(17) This clause states that the royal court will be held in a fixed place, or the same location every time. Before this, the location of the royal court was moved from one location to the next, which resulted in uncertain schedules and many delays
(45) King John had appointed several men to various royal offices, including non-Englishmen, who had little care for English law or traditions. These men were greatly disliked by the barons because of their dishonest and unprincipled ways. The barons demanded John appoint men who were learned in the law and who intended to uphold it.
(60) This clause states that all clauses apply to every person in the kingdom
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.
(24) This provision was made to provide an equal system of justice so that one official could not interpret the system differently than another
(20) This clause says that for every crime, the punishment will be proportional to the offense.
(18) To ensure a just hearing, certain cases were heard in local courts (this was more convenient for everyone (win-win)).
(19) Even when the docket was overloaded, you would still be assured a fair hearing
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
(36) This clause provides a way for criminals who do not have enough money for an attorney to defend themselves. If the criminal cannot afford an attorney, one will be provided to them
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
(40) Before this clause the practice was to charge a fee for certain writs, which was considered a legitimate way to raise revenue.
(39) Any free person may present their case to their own case but their case may not be presented to a jury
(45) King John had appointed several men to various royal offices, including non-Englishmen, who had little care for English law or traditions. These men were greatly disliked by the barons because of their dishonest and unprincipled ways. The barons demanded John appoint men who were learned in the law and who intended to uphold it.
(55) The king promises to give back all fines that were unjustly collected and the council of 25 barons, plus the Archbishop of Canterbury, get to decide what to do with the money.
(1) King John promises that the English church has the right to elect its own officials. And this is important compared to other demands because even the Pope agrees, and everyone listens to the Pope because he is very powerful