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Single Idea 22824

[filed under theme 25. Social Practice / D. Justice / 2. The Law / b. Rule of law ]

Full Idea

The Magna Carta forbids the King to imprison indefinitely without trial, and also binds the King to follow due process in his courts and not allow the justice provided to be for sale.

Gist of Idea

Magna Carta forbids prison without trial, and insists on neutral and correct process

Source

report of - (Magna Carta [1215]) by John Charvet - Liberalism: the basics 02

Book Ref

Charvet,John: 'Liberalism: the basics' [Routledge 2019], p.9


A Reaction

Very exasperating for a medieval monarch. In current times British law is exceedingly slow (so long imprisonment before trial), and the necessary effective advocates cost vastly too much for all but a tiny minority. So it's going badly.


The 12 ideas with the same theme [the law has ultimate authority in the state]:

Magna Carta forbids prison without trial, and insists on neutral and correct process [-, by Charvet]
The people should fight for the law as if for their city-wall [Heraclitus]
The 'Eumenides' of Aeschylus shows blood feuds replaced by law [Aeschylus, by Grayling]
Correct law should be in control, with rulers only deciding uncertain issues [Aristotle]
It is said that we should not stick strictly to written law, as it is too vague [Aristotle]
It is preferable that law should rule rather than any single citizen [Aristotle]
Rule of law is superior to autonomy, because citizens can see what is expected [Hooker,R]
The rule of law is mainly to restrict governments [Charvet]
The 1689 Bill of Rights denied the monarch new courts, or the right to sit as judge [Charvet]
From 1701 only parliament could remove judges, whose decisions could not be discussed [Charvet]
Justice superior to the rule of law is claimed on behalf of the workers, or the will of the nation [Charvet]
The rule of law mainly benefits those with property and liberties [Charvet]