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The Emergence of Law in Britain. The people gain their rights!. California Standard.
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The Emergence of Law in Britain The people gain their rights!
California Standard California Standard 7.6-5:Know the significance of DVs in medieval English legal & constitutional practices and their importance in the rise of modern democratic thought and representative institutions (Magna Carta, parliament, DV of habeas corpus, an independent judiciary in England)
Under the Romans, there were laws that people followed (If you didn’t- you would get punished or even put to death!)
Feudalism was a social & political system that was set up by Kings & Queens in order to gain control of their land
Every lord in his castle was able to set up his own laws for his peasants & serfs to follow “I proclaim this day- Mrs. Klein Rules Day- now pay me my $$$$!” “Not again!”
As time went on, a government and the rule of law were slowly brought back as the King’s powers increased
In England, the King gained a lot of power & used it against his people “He’s joking right?” “Taxes! I need to collect more taxes!”
In 1215, King John (Henry II’s son) was captured by a group of lords & clergy & made to sign a VERY IMPORTANT PIECE OF PAPER King John VERY IMPORTANT PIECE OF PAPER
Magna Carta Poor King John was made to sign the Magna Carta The actual Magna Carta! (1215)
The Magna Carta (meaning “Great Charter”) strongly limited the power of the king
Major Points of the Magna Carta: “Y can’t I wiretap??” 1. The king is the absolute ruler- but even he has to obey the laws!!!
Major Points of the Magna Carta: 2. The King can’t limit the freedom of the Church
Major Points of the Magna Carta: “Can I tax?” 3. The king can’t tax without a meeting of the Great Council (a bunch of lords who would get together) “Ummmm…. NO!
Major Points of the Magna Carta: 4. The king can’t put anyone in jail without “due process of law” “I am entitled to a fair trial” “due process of law”: You get a fair trial
The Magna Carta will become part of permanent English law & is still used today!
The “founding fathers” will borrow from the Magna Carta when writing up the United States Constitution & Bill of Rights