The Magna Carta by GIULIA TORRICE

What is the Magna Carta

giuliatorrices — 2023-11-22 22:36:54 UTC

The Magna Carta is a founding document that has been a touchstone for the development of human rights ever since and paved the way to British constitutional monarchy.

Why does Magna Carta exist?

giuliatorrices — 2023-11-30 15:50:56 UTC

In 1215 the barons:

Refused to pay the scutage
Conspired to resist the king
Occupied London
Forced king John to sign the Magna Carta to grant certain rights to his subjects and limiting his power at Runnymede, near Windsor.

What does Magna Carta established ?

giuliatorrices — 2023-11-30 15:57:48 UTC

It established the concept of judgment by "twelve good men and true" in a jury and, thanks to this, individuals were protected from unjustified persecution, incarceration and punishment.
Prevented any freeman from being punished without a proper trial.
Promised freedoms to all the people.
Protected the rights of ordinary people.
Gave England the basis of a legal system

Why is Magna Carta so important for the English community?

giuliatorrices — 2023-11-30 16:57:30 UTC

Magna Carta is held in great respect by the British and the American legal communities. In fact, it has been described as " the greatest constitutional document of all times and the foundation of the freedom of the individual against the arbitrary authority of the despot".

It can be see in two ways:

as a document of historical and legal significance
as a principles underlying how we live , through equality under the rule of law.

The birth of parliament

giuliatorrices — 2023-11-30 17:39:42 UTC

During Henry III 's reign a structure of control over the King's policies was put in place. In fact, in 1258, he accepted a plan of reform, which means that the government was placed under the joint control of the King and a council of fifteen barons and "parliaments".
Than, Henry' s eldest son, Edward I, understood the value of the "parliaments" as a way to gain support and established them as a permanent institution.
A meeting of his council , known as the Model Parliament of 1295, is regarded as the first representative parliament.

What is the definition of constitution?

giuliatorrices — 2023-11-30 17:48:30 UTC

It is a set of rules that :

Seek to establish the duties, powers and functions of the various institution of govenment
Regulate the relationship between different institutions
Define the relationship between the state and the individual

The British constitutional monarchy

giuliatorrices — 2023-11-30 18:07:14 UTC

The British Monarchy is known as a constitutional monarchy. This means that , while the Sovereign is Head of State , the ability to make and pass legislation resides with an elected Parliament.

Legal system in the UK

giuliatorrices — 2023-11-30 18:26:21 UTC

The United Kingdom has three separate legal system :

England and Wales have a Common Law legal system.
The law of Scotland is a mixed system
The legal system in Northern Ireland is influenced by English law, but it has also roots in Irish common law prior to Irish independence in 1921.

Constitution in the UK

giuliatorrices — 2023-11-30 18:35:08 UTC

The UK Constitution is not written but it is made of an assembly of laws , acts of parliament and court judgments.

It is made of ancient documents such as the Magna Carta and the Bills of Rights.

The constitution of the UK comes from different sources:

STATUE LAW
COMMON LAW
CONVENTIONS
ROYAL PREROGATIVE
WORKS OF AUTHORITY
EU TREATIES (before Brexit)

The legacy of Magna Carta

giuliatorrices — 2023-11-30 20:09:18 UTC

After Magna Carta was issued , many people did not realise its significance, but has been a touchstone for the development of human rights ever since.

In 1628 the Petition of Right echoed the Magna Carta by imposing limitation on King Charles I because he had ignored Parliament and imprisoned his opponents.
- After the American War of Independence against England, Magna Carta became a symbol of American liberty.
  - The authors of the US Declaration of Independence and the Bill of Rights found their inspiration in the Magna Carta.
- Also the British working classes made reference to the Magna Carta during the 1800s and early 1900s.
  - National movements such as Chartists for men and the Suffragettes for women , were inspired by the document to obtain their right to vote.
- In the 20th century, Mahatama Gandhi was inspired by the Magna Carta and fought successfully to free India from colonial rule.
- In 1964, during his famous trial for his life , Nelson Mandela declared his admiration for the Magna Carta.

The development of human rights

giuliatorrices — 2023-11-30 20:10:46 UTC

1215: The Magna Carta

giuliatorrices — 2023-11-30 20:23:24 UTC

It's sealed, forcing King to limiting his power and it had concerned the relationship between the barons and the monarch, rather than the rights of ordinary people during the Middle Ages.

1689: The Bill of Rights

giuliatorrices — 2023-11-30 20:28:24 UTC

It was proposed by John Locke.
It is adopted in England, protecting the right to religious toleration, and against unjust taxation and cruel and unusual punishment.

1776: The US Declaration of Independence

giuliatorrices — 2023-11-30 20:34:04 UTC

It proclaims that "all man are created equal " and have " inalienable" rights, including the right to life , liberty and the pursuit of happiness .

1789: The Declaration of the Rights of Man and the Citizen

giuliatorrices — 2023-11-30 20:41:39 UTC

Adopted during the French Revolution, it proclaimed the rights of all citizens to liberty, property, security and resistance to oppression.

1864: First Geneva Convention

giuliatorrices — 2023-11-30 20:45:20 UTC

Adopted by European powers, it protected the rights of sick and wounded soldiers.

1930: Gandhi's non -violent protest

giuliatorrices — 2023-11-30 20:51:08 UTC

Gandhi leads the Salt March to Dandi , a non- violent protest against the British salt tax and the injustice of colonialism.

1942: The Declaration of the United Nations

giuliatorrices — 2023-11-30 20:54:11 UTC

It is signed by the Allied Powers, that pledges to form a peacekeeping organization.

1953: The European Convention on Human Rights

giuliatorrices — 2023-11-30 20:57:51 UTC

It protected the human rights and political freedoms in Europe

1948: The Universal Declaration of Human Rights

giuliatorrices — 2023-11-30 21:00:54 UTC

The European Convention Assembly adopts the Universal Declaration of Human Rights as proposed by the Commission on Human Rights.

1998: The Human Rights Act

giuliatorrices — 2023-11-30 21:03:51 UTC

It is passed in the UK and requires courts and public organizations to treat everyone equally, with fairness, dignity and respect.

The great base

giuliatorrices — 2023-11-30 21:09:24 UTC

After the Parliament, the great base of the UK's unmodified constitution is " Common Law"