Rule Of Law : The Basic Principle Of Democratic Governments

Laws are created to maintain order and to allow people to live at peace with one and other. Laws also serve as a guarantee that people will be able to enjoy certain rights which are outlined in the laws created as well as protect the people from governmental bully. The Magna Carta and the Bill of Rights are both important documents which were written to outline laws that those in power must abide by in order to give rights to citizens. Both documents changed history. In this paper, I will compare and contrast both the Magna Carta and the Bill of Rights-mainly the first ten amendments, in terms of who were making demands, what rights they were demanding, as well as who benefitted from those demands.

Today, we have freedom in many forms, freedom of speech, freedom of the press and freedom of religion. The Magna Carta and John Locke’s Second Treatise on Government laid the foundation for the freedom we enjoy today. The Magna Carta accomplished the liberty Englishmen currently enjoy by raising the status quo of peasants to commoner. This means those born to royalty will begin to treat peasants (underpeers) as people, for instance the Magna Carta states “(9) Neither we [feudal barons] nor our officials will seize any land or rent in payment of a debt, so long the debtor has movable goods sufficient to discharge the debt.” Similarly to the U.S., which has three branches of government to limit power, executive, legislative and judicial; the

The Magna Carta was an agreement between King John of England and his baron’s that limited his powers over the kingdom. Article 29 of the Magna Carta exemplifies the limitations of the king in favor of the people by stating, “No freeman is to be taken or imprisoned or disseised of his free tenement or of his liberties or free customs, or outlawed or exiled or in any way ruined, nor will we go against such a man or send against him save by lawful judgement of his peers or by the law of the land. To no-one will we sell or deny of delay right or justice” (Article 29 of the Magna Carta). The Magna Carta was an extraordinary step in history that has helped shape the forms of government that we practice today. This document laid the foundation of the democracies that were yet to come. The creation and implementation of the Magna Carta was a significant historical event that took place during the Middle Ages. Although it is one of few written documents that took place during this time period, it is surely one of the most important events in

The United States prides itself on the fact that we have the rule of Law. In other countries such as Japan, the people are expected to obey the government and corporations. If we did not have lawyers, bureaucrats would administer the law. Some complain that we have too many lawsuits, but very few would accept having to obey only the government and the bureaucrats.

Limited government and rule of law are two exhibited political values seen in the Magna Carta. In this historical document, a few English lords wanted to limit the power that the King had, and therefore made him sign the Magna Carta, so he could not have infinite power while ruling. They restricted his power to rule by having him sign the document. Limited government is when the people who are ruling do not have absolute power over the whole political system, hence why it’s called limited government! Rule of law is another political value in this document, as the Magna Carta came to mean that no one- not even the King- was above the law. Since not even the King could be free from laws, and rule of law essentially means that everyone must

First, the Magna Carta gives everyone a fair opportunity. Which includes the king, government, and everyone else. For example, “first, that we have granted to god, by this present charter have confirmed for us and our heirs in perpetuity, that the English Church shall be free, and shall have its rights undiminished, and its liberties unimpaired”

Laws are the foundation of our society, they keep citizens safe and preserve our individual freedoms. Before a law is enacted it must start out as a bill. Each bill has an extensive process it must go through to become a law of the United States of America. This process of approval ensures that those three different parts of government agree on the bill before it becomes a law. In order to become law, a bill needs to be approved by the House of Representatives, the Senate, and the President of the United States. The law-making process, or Legislative process, can be broken into two basic steps, proposition and approval. These steps are the traditional and basic steps. As time went on, these steps have been altered and changed. A bill

Magna Carta says that the government should treat its people to have different rights. One right that they would have is the right of a wealthy widow that would have centuries-long relevance. It would guaranteed them church freedom. This means that the rich widows will have every right and freedom to be in that church. Another thing he says how the government should treat its people is by making sure of their safety. Taking care of your safety means you have to follow the rules. Even the king has to follow these rules for his safety. This is stating that it does not matter how old you are or how young you are everyone has rules that will keep them safe.

Before the Magna Carta, the monarch has all the power, and could do whatever the monarch wishes, today that would be considered being above the law. Diminishing the power of government workers, section twenty-four states "No sheriff, constable, coroners, or other royal are hold to lawsuits that should be held by the royal justices (Langton 24)". Stating no government official is above the law with no exceptions. This is to provide a uniform system of justice. Ruling under an absolute monarchy, the monarch could have someone arrested and imprisoned for no apparent reason. Imprisonment with no reason is abolished by section thirty-nine in the Magna Carta, it states "no free man shall have seized or imprisoned, or stripped of his rights or his possessions, outlawed or exiled […] except by lawful of his equals or by the law (Langton 39)". This states the monarch is no longer allowed to punish people unless found guilty by the law or by a jury. Section thirty-nine guarantees the individual convicted shall have a jury of one's peers, this section is one of the most crucial out of the document. The Magna Carta stated that no royal or government official is above the law, including the imprisonment of an individual unless for a valid reason and found

Parliamentary sovereignty, a core principle of the UK's constitution, essentially states that the Parliament is the ultimate legal authority, which possesses the power to create, modify or end any law. The judiciary cannot question its legislative competence, and a Parliament is not bound by former legislative provisions of earlier Parliaments. The ‘rule of law’ on the other hand, is a constitutional doctrine which primarily governs the operation of the legal system and the manner in which the powers of the state are exercised. However, since the Parliament is capable of making any law whatsoever, the concept of the rule of law poses a contradiction to the principle of parliamentary supremacy, entailing that Parliament is not bound by the

"John, by the grace of God king of England, lord of Ireland, duke of Normandy, Aquitaine and Hazzard, and count of Anjou, to his archbishops, bishops, abbots, earls barons, justiciars, sheriffs, ministers, bailiffs and all his faithful men, greeting."1 So begins the most famous legal document of the Middle Ages. The Magna Carta was a product of the power struggle between King John and his barons in the year 1215. Although it was intended to address concerns that were specific to its time and place, it became a high water mark of legal freedom for centuries to come. This essay will examine the events that caused the Magna Carta to be written, the key provisions it contains, and the effect it had on the law of England and

The statement above said by Lord Bingham, from ‘The Rule of Law’ (2007) 66 (1) Cambridge Law Journal 67-85, p. 76. The statement references that the rule of law is not abided by if the state does not provide human protection. This statement can be looked upon, agreed and disagreed with after reviewing the two theories in the rule of law. This will be made possible, as I compare Joseph Raz’s formal theory and Lord Bingham’s Substantive Theory on the rule of law. But firstly, I will address what the Rule of Law is;

The Magna Carta, also known as the “Great Charter”, is one of the best known political documents in history. It has influenced nearly every great document of note following it, including the Declaration of Independence written by the founding fathers of America. The Magna Carta was a direct result of the reigns of King Richard the Lionheart and his brother King John and was written by barons who wanted to protect their rights, albeit in a way that mostly benefitted them. Therefore, this paper will attempt to examine the historical context surrounding the Magna Carta, what concerns the document demonstrated about the reigns of Richard and John as exemplified by the demands within the charter, and how the Magna Carta changed the relationship

citizens are under a duty to obey the same laws, and there can be no

The rule of law is seen as being one of the most fundamental components of the UK constitution as well as being a principle that is concerned with restricting parliamentary action. Though the rule of law is seen to be a component in the constitution; the actual meaning of the rule of law has been very problematic to interpret. This is considerably down to the fact that it means different things to different people as since the nineteenth century, academics, politicians and judges have proposed diverse definitions and explanations in regards to the rule of law and the role it upholds in the UK constitution.