Magna Carta 1215 & its legal journey Complete notes

Magna Carta & its legal journey

Introduction :

Magna carta meaning “The Great Charter, is one of the most famous documents in the world. Originally issued by King John of England. Magna Carta established principle that everyone is equal to law, Even the king, and guarantees the rights of individual.


Why Magna Carta:

King john ruled england for almost two decades (1199-1216) and was well known as a heavy handed ruler. He would often wage unand the Rebel group attacks the London and captured it, and in the negotiation with the Rebels the king is forced to accept the peace treaty between king & the Rebels.


The contents & clauses of Magna Carta:

Original Magna Carta is written in Latin and it contains 63 clauses.for main part, the clauses do not deal with legal principles but instead relate to the regulation of feudal customs and operation of the justice system there are clauses on the granted of taxes, towns and trade, the extent and regulation of the royal forest, debt the church and the restoration of the peace. Only four of the 63 clauses in magna carta are still valid today, 1,13,39,and 40. of enduring important to the people appealing to the charter over the last 800 years are formous clauses 39 and 40.

“ No free man shall be seized,imprisoned,dispossessed, outlawed, exiled or ruined in any way, nor in any way proceeded against, except by the lawful judgement of his peers and the law of the land.”

“To no one will we sell, to no one will we deny or delay right or justice”.

These clauses remain law today, and provided the basis for important principles in english law deceloped in the fourteenth through to the seventeenth century, and which were exported to America and other English speaking countries. Their phrasing, “to no one” and “no free man” gave these provisions a universal quality that is still applicable today in a way that many of the clauses relating specifically to feudal custom are not.


What does Magna Carta says?

At present only 3 clauses are there.

1st Give liberties to the state and rights to church.

2nd Confirms liberties of towns 

3rd All people have the right to justice and free trial.

Later the king dislikes the term & conditions of the signed peace treaty between Rebels and the King 1215 because the some powers of king made limited.


Second version:

After the death of king John second version of Magna Carta was issued by Henry III in 1225. which was about tax.Sunjects need to pay tax and king will provide security.


Significance:

It was 1st steps towards establishing parliamentary democracy.

American bill of rights from Magna Carta.

Human rights declaration from Magna Carta.

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