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Magna Carta Analysis by Karanveer Dhoot Period 4 (COMMITMENT TO "DUE…
Magna Carta Analysis by Karanveer Dhoot 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
Chapter 17 explains that a permanent court would be better than a moving court because it is more reliable, and court hearing could actually be held in a timely manner.
Chapter 18 explains that some cases should be heard in local courts.
Chapter 19 explains that a fair trial would happen, even if the docket was overloaded.
Chapter 21 is explains that people can have a trial by a jury of their peers.
Chapter 24 explains that the system of justice shouldn't be subject to local interpretation, and that it should be uniform.
Chapter 36 explains that if a punishment is very severe, the defendant has to have an inquiry done on his/her case.
Chapter 38 explains that no one can be put on trial if there isn't credible evidence.
Chapter 39 explains that no one should be prosecuted without having lawful judgement from his equals.
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 20 states that punishments should be in proportion to the crime comitted.
Chapter 40 explains that you no longer had to pay a fee for certain writs.
Chapter 45 states that whoever decided to pursue a career in enforcing and administering the law, they should know the law.
Chapter 60 explains that these new customs and liberties should be extended to everyone in the kingdom.
Chapter 63 talks about how all these commandss should be enforced to everyone forever.
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 55 explains that if there were any unjust fines, they would be repaid.
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 that the English Church should keep it's rights, and that the king shouldn't interrupt in the business of the church.