Magna Carta Analysis by Mohamed Ezubeik PERIOD 4 (FAIRNESS OF THE LAWS AND…
Magna Carta Analysis by Mohamed Ezubeik PERIOD 4
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
17 Ordinary lawsuits will not be held in the royal court, it will be held in another permanent court.
18 They want to make sure people hear the right hearing, and people Certain cases were heard in the local court.
19 THey would make sure people heard the truth even if the docker was packed.
24 This procedure makes sure that one will not have to have local interpretation.
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.
20 A man will only be charged the fair punishment that is equal to his crime.
45 The officers of the law will use it justly and will keep the laws well.
36 No one will be sentenced unlawfully and an inquiry will be performed to see if they were lawfully subjected to punishment.
38 No one will be put on trial from someone's unsupported statement
39 No one will be given a punishment arbitrarily, they will be sentenced lawfuly or by the law of the land they live on.
40 THey will not put a fee on some writs, if they did the people who could not afford them would be denied of their justice or have it delayed, this article states that it will not allow that.
55 & 61 Anyone who has been unfairly punished will be remitted or have a majority judgement from the 25 barons. If one of them have been in a similar case, then someone else will take their place.
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
1 The church will have its rights and freedoms to act without having the King interefere
RULE OF LAW
Powers and privileges of the king are clearly defined and limited; charter provides for enforcement of restrictions placed on the king.
21 Barons and Earls can only be fined by someone of equal power, and according to the gravity of their offence.
63 The English Church will be free and all men will have their rights and their descendants, and their heirs.
60 All men in this kingdom will be affected by the Magna Carta