Magna carta legacy
Maria Maccaroni
Created on November 11, 2023
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Transcript
YOUR TURN
In the 1770s, the American colonists rose in rebellion against the mother country because of their opposition to the taxes imposed over the Colonies, to which they had not assented. They found historical legitimation in the 1215 Charter’s clause 12, which said that no tax was to be imposed without common counsel. Their slogan became 'No taxation without representation' After achievement of independence, the American close connection to Magna Carta was made clear in the Bill of Rights, the first set of amendments made to the Constitution. The fifth amendment’s promise that no person shall be’ deprived of life, liberty, or property without due process of law’ is a direct echo of Magna Carta. The sixth amendment, indeed, spells out very precisely the phrases ‘lawful judgement of peers’ and ‘law of the land’ as they appear in clauses 39, while the eigth amendment prevents authorities to impose excessive bail or punishment, as stated in clause 20
The English Bill of Rights was passed in 1689 to preserve the ancient rights and liberties of the nation. It listed the wrong doings of King James II and echoed the Magna Carta with its insistence on due process, no taxation without agreement, and freedom from government interference, among other major issues. The main principles are still in force today and it is considered a Constitutional document of England. (...) the (…) Lords (…) and Commons, (…) being now assembled in a full and free representative of this nation, (…) declare Dispensing Power. That the pretended Power of Suspending of Laws or the Execution of Laws by Regall Authority without Consent of Parlyament is illegall. Late dispensing Power. That the pretended Power of Dispensing with Laws or the Execution of Laws by Regall Authoritie as it hath beene assumed and exercised of late is illegall. Excessive Bail. That excessive Baile ought not to be required nor excessive Fines imposed nor cruell and unusuall Punishments inflicted.
Article 9No one shall be subjected to arbitrary arrest, detention or exile. Article 10Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 11
- Everyone charged with a penal offence has the right to be presumed innocent until proved guilty according to law in a public trial at which he has had all the guarantees necessary for his defence.
- No one shall be held guilty of any penal offence on account of any act or omission which did not constitute a penal offence, under national or international law, at the time when it was committed. Nor shall a heavier penalty be imposed than the one that was applicable at the time the penal offence was committed.
Rule of law: all citizens, including those in power, should be fairly and equally ruled by the law. It began the tradition of respecting the law, limiting government power, and treating the citizens equally. EQUALITY is one of the key aspects of modern charters on Human Rights.
- Can you find some articles advocating equality in the European Convention of Human Rights and in the Universal Declaration of Human Rights? (links below)