Minimising Magna Carta and Modernising Exposition of the Rule of Law in the English Historical Constitution

2018 ◽  
Author(s):  
John W.F. Allison
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Magna Carta

scholarly journals Magna Carta, Religion and the Rule of Law

2017 ◽  
Vol 43 (1) ◽  
pp. 221-222
Author(s):  
Graham Duncan
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Magna Carta

Book Review

scholarly journals Magna Carta And The Roman Law Tradition

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 139-144
Author(s):  
Sami Mehmeti
Keyword(s):  
Rule Of Law ◽  
Roman Law ◽  
Legal Tradition ◽  
The Rule Of Law ◽  
Feudal Society ◽  
Magna Carta ◽  
English Law ◽  
Distribution Of Power ◽  
Continental Tradition ◽  
The Relationship

Abstract Magna Carta is one of the most important illustrations of the exceptionalism of English common law. Within a completely feudal framework it gave the clearest possible articulation to the concept of the rule of law and at the same time it also showed that there were certain basic rights which every freeman enjoyed without any specific conferment by the king. From English perspective, continental European law after the process of the reception of Roman law was commonly regarded to be apart and different from the English legal tradition, as well as being perceived to pose a continual threat. The English Parliament constantly turned down royal attempts to emulate the continental reception of Roman law by characterizing it as something entirely foreign to English law. Roman law was supposed to promote an authoritarian and absolutist vision of the relationship between rule and subjection and this was expressed in the famous phrases 'princeps legibus solutus' and 'quod principi placuit legis habet vigorem'. Roman law was also anti-feudal, because one of its main principles that all power originated from one central source was the antithesis of the distribution of power over multiple centers, which was a crucial element of the feudal society. Many English historians have held the view that the English law is democratic, whereas the continental tradition is undemocratic and authoritarian, and this is why the Roman law succeeded on the Continent and failed in England.

scholarly journals Magna Carta And Its Significant Role For Rule Of Law In The Republic Of Macedonia

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 86-98
Author(s):  
Ivana Shumanovska-Spasovska ◽  
Konstantin Bitrakov
Keyword(s):  
Rule Of Law ◽  
Separation Of Powers ◽  
Great Influence ◽  
Executive Branch ◽  
The Rule Of Law ◽  
Legal Rules ◽  
Republic Of Macedonia ◽  
Magna Carta ◽  
The Law ◽  
The Republic

Abstract One of the most important and famous historical documents from the English legal and constitutional legacy is the Magna Carta Libertatum. Signed and sealed in the year 1215 the Magna Carta is further on viewed as the sole inception of the idea of limiting the power of the ruler trough legal rules. That limitation is to be made with legal rules that are binding for everyone, even the monarch. Therefore, the Great Charter is viewed as the first document signed by a monarch with which, the principle of supremacy of the law is set out. That supremacy of the law has been further on developed by eminent scholars and practitioners, eventually leading to the development of the concept of rule of law. Rule of law, as a concept, means that the royal authority (or the executive branch of power) is going to be inferior to the law. However, this concept means a lot more than simply that. Unlike the principle of legal state, the rule of law is closely linked to justice, separation of powers and legal certainty. All of these concepts are actually prerequisites for its existence. That is why each of them is separately examined and elaborated. Furthermore, as one of the most important principles the rule of law had a great influence on the constitutional (and legal) systems around the world. Since the Republic of Macedonia strives to become a democratic state where the rule of law is established and developed it is important to elaborate the influence of this principle in it. Therefore, the research gravitates over the principle of rule of law in the Republic of Macedonia.

Inventing Magna Carta

2019 ◽  
pp. 99-137
Author(s):  
Jennifer Jahner
Keyword(s):  
Middle English ◽  
Thirteenth Century ◽  
Rule Of Law ◽  
Peace Treaty ◽  
The Rule Of Law ◽  
Literary Forms ◽  
English Verse ◽  
Magna Carta

Having begun as a short-lived peace treaty in 1215, Magna Carta grew to acquire a quasi-sacral status over the course of the thirteenth century. This chapter traces the development of the “Great Charter,” arguing that literary modes of invention contributed vitally to its elevation as a symbol for the rule of law. It looks to three sites for the production of the “idea” of Magna Carta: in the chronicling traditions of St. Albans Abbey, in the legal historiography of London, and in the Latin, Anglo-French, and Middle English verse ephemera that proliferated in the margins of law books and histories. In all of these instances, literary forms of invention and historical modes of finding precedent converge, with the result that Magna Carta comes to embody both “old law” and the prospect of future reform.

scholarly journals From Magna Carta To The Contemporary System Of Financial Penalties In The Criminal Law

SEEU Review ◽  
2015 ◽  
Vol 11 (1) ◽  
pp. 40-47
Author(s):  
Aleksandra Deanoska – Trendafilova
Keyword(s):  
Rule Of Law ◽  
Criminal Law ◽  
Criminal Code ◽  
Historical Document ◽  
Criminal Offence ◽  
Constitutional History ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Magna Carta ◽  
Solid Foundation

Abstract Magna Carta Libertatum or the Great Charter of the Liberties is a historical document of great significance for the constitutional history and human rights and liberties development. Although at its initial version it addressed a limited number of liberties and principles, it represented a solid foundation for the evolution of the principles of the rule of law, right to justice, right to a fair trial, just and reasonable sentencing, limitation of powers, etc. Namely, article 20 of the Charter states: A freeman shall not be amerced for a slight offense, except in accordance with the degree of the offense; and for a grave offense he shall be amerced in accordance with the gravity of the offense, yet saving always his “contenement”; and a merchant in the same way, saving his “merchandise”; and a villein shall be amerced in the same way, saving his “wainage” if they have fallen into our mercy: and none of the aforesaid amercements shall be imposed except by the oath of honest men of the neighborhood. An analysis of this article undoubtedly leads us to the basic principles of the contemporary systems of fine, namely the daily-fine system introduced in the Macedonian Criminal Code in 2004 according to which the fine will be calculated and pronounced according to the gravity of the offence and the financial state and condition of the perpetrator. As one can notice, the gravity of the offence and the saving of the perpetrators “contenement” from the abovementioned article of the Great Charter refer to the aforesaid principles. In this article, a comparison will be made on the meaning of the term “amercement” and its similarities and differences with the modern financial penalties and measures in the criminal law from comparative perspective, to find which one corresponds to the latter: fine, assets forfeiture or compensation of damages made with the criminal offence.

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