Why the magna carta is so important...
Drawn up in the early middle ages, it is a document that is 'a presumption of liberty' in it's basic premise.
It is a limitation of dictatorial power.
While this my not sound too dramatic, it is document that the bill of rights in the UK (and the declaration of independence in the US) has it's principles based upon - from a document written several centuries before either of these more recent documents.
I will focus on the the most important aspect in my opinion - and one that has stood most legal systems in good stead, and guaranteed a non tyrannical system because of it's simplicity.
A simplicity that is being eroded and for one reason only.
To alter this simplistic premise, it to allow totalitarian governments.
An what is this principle? Well, it's a very simple one, funnily enough...
Trial by a jury of your peers.
That's it.
With this power of trial by jury, it means there is a diffused power - from any one person holding the power of justice and punishment . (i.e. a judge).
An essential principle of law is 'jury nullification' and is a right of the jury. Any jury.
...and seldom explained to them by the judges themselves. They seem to prefer to not mention that, and instead direct them in the way the jury should proceed.
Jury nullification means that the jury, no matter what specific law, can decide what is justice in that particular case.
This is a powerful tool of the people.
It means that if a law is patently absurd in the circumstances, the jury can simply say - NO.
No to its applicability.
NO the the person under prosecution being further prosecuted.
YES to the common man deciding what is, and what is not - justice.
A very powerful tool indeed, and is law in both the UK, and US. (or still is, as far as I'm aware).
Nevertheless, there is little doubt as to the ability of a jury to nullify the law. Today, there are several issues raised by jury nullification, such as:
whether juries can or should be instructed or informed of their power to nullify.
whether a judge may remove jurors "for cause" when they refuse to apply the law as instructed.
whether a judge may punish a juror for exercising the power of jury nullification.
whether all legal arguments, except perhaps on motions in limine to exclude evidence, should be made in the presence of the jury.
The legal system will not tell you this, and the Judges will not tell you this.
THEY don't want you to have the power.
THEY don't want you to be part of the legal system
THEY don't want you to decide you own law and justice
THEY want to decide for you.
Yes, the Magna Carta was a magnificent document....
Although, Magna carta was a treaty between the unpopular king John and barrons, it paved the way for the modern ideology of the rule of the laws. We have progressed a lot in providing justice to all but now this feat is becoming very difficult to achieve because there are too much complex laws prevalent in modern world and without a lawyer it is not possible for anyone to get justice. Good lawyers definitely demand too much fee which is not possible for a common man to pay while a rich man can arrange a big lawyer and can be saved, even after committing a felony, just because of possessing too much wealth. Hence, the modern day judiciary is mostly driven by money and nothing else. So the goal of providing justice to everyone has become a distant dream.
law is simple without lawyers. Lawyer are a cancer to justice.
I agree.
The Magna Carta was also signed under duress. So, it is really null and void.
Further, peers doesn't mean our equals, it means peerage. Or those looking down on you.
Law is going to be some of the biggest changes seen in coming years. But, what might happen is that the people accept and adopt a law, and enforce the law through just not dealing with the law breakers.
As in, a law is formed on the internet. And its punishment is on the internet.
The "law", those monkeys in blue suits may disappear, as they are causing more harm than good. They are stealing more than the crooks.
lawyers should be illegal....
and judges speaking legalese should be illegal too.
i forgot all about the Magna carta- thanks for bringing it up.
I know! - me too! lol
....Until I just watched a you tube vid on the British constitution.