Sunday, March 3, 2019
The Magna Carta and the Constitution
The Magna Carta and the U. S. fundamental impartiality are closely related since the cause is a cornerst sensation for the latter. Magna Carta The rule of law is enshrined in Magna Carta which was issued in 1215 by King John of England to appease land barons. The rule of law asserts that on the whole somebodys must comply with laws of the nation irrespective of king or whatever other privileged person. Although Magna Carta is silent about kings immunity, the memorial does impose limit on kings power.The barons has the authority to lecture the provisions of Chapter 61 of the Magna Cartas original version which states that the king should non ignore or violate the traditions, customs or laws and could not form any arbitrary actions against his subjects. 1 Magna Carta provides for rule of law, ensures freshness of laws, contains commitment to referable process of law and gives respect for economic remedys. While these rights were the privileges given to barons in England by way of declarations in Magna Carta, the founders of the U.S. drew inspiration from Magna Carta and made these rights applicable to all the citizens of America and became part of the Bill of Rights. Magna Carta is therefore a address for the U. S. fundamental law.The Bill of Rights 1791 which representing 10 amendments as part of the 1st amendment to the U. S. Constitutions. Clause 39 of Magna Carta provides that no freeman shall be punished except by straight judgment by his peers or by the laws of the land. This was to prevent the King to suffer sentences without the authority of law.The U. S. Constitution provides for rule of law by which no person is above the law. In this context both, Magna Carta and the U. S. Constitution are similar. Whereas the Magna Carta was issued by the Monarch, the U. S. Constitution was given by Americans unto themselves. The 14th Amendment to the U. S. Constitution includes the stipulation of due process, this provides for plumb streak before de priving any person of his life, liberty or property. The outpouring is what is meant by due process.Again it must be a fair trial as part of the due process. In The Magna Carta, the due process of law is known by law of the land and legal judgment of peers. In order to constitute due process, there should be a right to fair and public trial, right to be present at the trial, front man of an impartial jury, right to be heard as part of ones own defense. Besides, the laws must be in written form, taxes must be for only public purpose, and property can be interpreted only for public purpose with due compensation.In this way The Magna Carta pales in coincidence due to not being as descriptive as the U. S. Constitution for the meaning of due process. Both Magna Carta and the U. S. Constitution require that laws shall be fair and discriminatory. Thus, Magna Carta and the U. S. Constitution share many things in common. Magna Carta of 1215 was a bold enterprisingness of the then King, w ithout which the U. S. Constitution would have taken still longer cartridge clip to be what it is today.
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