Wednesday, July 17, 2019
The Magna Carta and the Constitution
The Magna Carta and the U. S. shaping are closely related since the power is a cornerst single for the latter. Magna Carta The retrieve of honor is enshrined in Magna Carta which was issued in 1215 by female monarch John of Eng ground to appease land barons. The rule of uprightness asserts that all persons must watch with laws of the nation irrespective of baron or any other privileged person. Although Magna Carta is dumb about kings immunity, the chronicle does impose limit on kings power.The barons has the authority to invoke the provision of Chapter 61 of the Magna Cartas original meter reading which states that the king should not ignore or violate the traditions, customs or laws and could not take any arbitrary actions against his subjects. 1 Magna Carta provides for rule of law, ensures plumness of laws, contains commitment to receivable process of law and gives respect for frugal rights. 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 inhalation from Magna Carta and made these rights applicable to all the citizens of the States and became part of the Bill of Rights. Magna Carta is therefore a source for the U. S. geological formation.The Bill of Rights 1791 which representing 10 amendments as part of the 1st amendment to the U. S. governing bodys. Clause 39 of Magna Carta provides that no freeman shall be punish except by lawful judiciousness by his peers or by the laws of the land. This was to hold open the King to deliver sentences without the authority of law.The U. S. geological formation provides for rule of law by which no person is above the law. In this scope both, Magna Carta and the U. S. nature are similar. Whereas the Magna Carta was issued by the Monarch, the U. S. nature was given by Ameri undersurfaces unto themselves. The 14th Amendment to the U. S. report includes the stipulation of ascribable process, this provides for fair mental testing before depriving any person of his life, liberty or property. The trial is what is meant by repayable 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 bon ton to constitute due process, there should be a right to fair and universal trial, right to be present at the trial, presence 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 in the public eye(predicate) purpose, and property can be taken only for public purpose with due compensation.In this way The Magna Carta pales in comparison due to not cosmos as descriptive as the U. S. typography 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 w as a bold initiative of the then King, without which the U. S. Constitution would have taken still time-consuming time to be what it is today.
Subscribe to:
Post Comments (Atom)
No comments:
Post a Comment
Note: Only a member of this blog may post a comment.