The Rule of Law for
Citizenship Education
MAGNA CARTA RESOURCE PACK
Devised and written by:
Xiao Hui Eng and Lawrence McNamara
Layout and illustrations:
Cai Jia Eng
Multimedia:
Sam Mejias
© Bingham Centre for the Rule of Law, 2015
Suggested citation: XH Eng, L McNamara, The Rule of Law for Citizenship Education:
Magna Carta Resource Pack, Bingham Centre for the Rule of Law, London, October 2015
ISBN: 978-1-905221-61-5
Project website: http://www.biicl.org/bingham-centre/schools
The Bingham Centre for the Rule of Law is grateful for the assistance it has received from:
The Magna Carta 800th Trust who provided funding for the project.
The Bingham Centre for the Rule of Law is devoted to the study and promotion of the rule
of law in the UK and around the world. The Centre’s focus is on considering the challenges
the rule of law faces; providing an intellectual framework within which it can operate; and
fashioning the practical tools to support it. The Bingham Centre was launched in 2010. Its
Director is Professor Sir Jeffrey Jowell QC, KCMG. It is part of the British Institute for
International and Comparative Law (BIICL) which is an independent research institute
established in 1958 and a registered charity.
The Rule of Law for
Citizenship Education
MAGNA CARTA RESOURCE PACK
These materials have been produced with the kind support of the Magna Carta 800th Trust
Magna Carta and the Rule of Law – Resource Pack
This introduction explains:
ˆ
,o[ these resources enaFle teachers to teach a lesson on 1aKna 'arta and the 6ule oJ 0a[
ˆ
;hat the lessons and resources contain includinK:
o
0esson Qap
o
1aterials Jor teachers [ith Klossar]
o
1aterials Jor students
o
4o[er4oint slides
o
1ultiQedia resources
1. About the resources: Magna Carta and the Rule of Law
This resource on 1aKna 'arta is intended Jor use in 'iti^enship classes Jor /e] 7taKes and -t has
Feen produced aKainst the FacOdrop oJ the th anniZersar] oJ 1aKna 'arta
1aKna 'arta is reQarOaFle Fecause proZisions in the oriKinal docuQent and later Zersions set out
soQe JundaQental Zalues that are the Joundation Jor Qan] oJ the principles that [e still striZe to[ards
toda] in the Nustice s]steQ These include Jor exaQple soQe Zer] Froad principles that students and
teachers Qa] alread] haZe coQe across in one JorQ another such as ³innocent FeJore proZen Kuilt]´
and ³noFod] is aFoZe the la[´ This resource explores these and other endurinK principles underpinninK
our Nustice s]steQ and their releZance toda] to Qodern da] societ] 3J course Quch oJ the historic
docuQent is no lonKer releZant to Qodern da] liJe Jor exaQple the parts reJerrinK to the riKhts oJ the
Farons oJ the da] and to societal norQs and s]steQs that no lonKer exist ¯ and the resource does not
exaQine these aspects oJ the docuQent
This resource can Fe used as either:
ˆ
a standalone lesson [ithout an] other resources
or
ˆ
an additional coQponent to the &inKhaQ 'entre´s resources Jor a sixlesson /e] 7taKe citi^enship course on the Nustice s]steQ *or Qore inJorQation on usinK the &inKhaQ 'entre´s
Jree resources on the Nustice s]steQ please contact schools$FinKhaQcentreFiiclorK or Zisit our
[eFsite at http:FinKhaQcentreFiiclorKschools 2. About the Bingham Centre’s resources on the justice system and the rule of law
3ur [ider proNect responds to the KoZernQent reZie[ oJ the citi^enship curriculuQ [hich
resulted in a stronKer Jocus on understandinK la[ and deQocrac] %Kainst this FacOdrop [e haZe
created Qaterials that Kuide students throuKh topical curriculuQreleZant issues [here deQocrac]
Nustice and indiZidual riKhts arise in contexts such as iQQiKration criQinal Nustice diZersit] at [orO riKht
to a Jair trial access to Nustice eUualit] FeJore the la[ and the aFuse oJ po[er 3ur Qaterials QoZe a[a]
JroQ teachinK onl] the procedural eleQents oJ the la[ and [hat the la[ is to[ards teachinK the core
Zalues and concepts that underlie our Nustice s]steQ
The Qaterials haZe also Feen desiKned to deZelop students´ Junctional sOills and personal learninK and
thinOinK sOills in line [ith the Froader national curriculuQ Jor /e] 7taKe and /e] 7taKe The lessons
proZoOe thouKht Kenerate discussion deZelop critical thinOinK sOills and inZite students to JorQ opinions
and coQQunicate their points oJ Zie[ to others The] encouraKe independent enUuir] teaQ[orO
eJJectiZe participation creatiZe thinOinK and re¾ectiZe learninK
%[are that Qan] teachers teachinK 'iti^enship do not haZe a leKal FacOKround [e aiQ to proZide
coQprehensiZe Kuidance and support to teachers in order that the] Jeel coQJortaFle [ith deliZerinK
the Qaterials and Jeel aFle to lead discussions con½dentl] To that end all actiZities coQe [ith structured
Kuidance Jor teachers on ho[ to introduce leKal concepts detailed FacOKround inJorQation Jor teachers
[ritten F] rule oJ la[ experts to enhance Foth teacher and student understandinK and suppleQentar]
audioZisual Qaterials that FrinK leKal expertise directl] into the classrooQ
(ra[inK on the leKal expertise oJ the &inKhaQ 'entre Jor 6ule oJ 0a[ our Qaterials deliZer rule oJ
la[ principles throuKh accessiFle and interestinK exaQples and actiZities The] encouraKe students to
critiUue and appl] these principles to eZer]da] liJe and to issues that are releZant to theQ
*or Qore inJorQation on usinK the &inKhaQ 'entre´s Jree resources on the Nustice s]steQ please
contact schools$FinKhaQcentreFiiclorK or Zisit our [eFsite at http:FinKhaQcentreFiiclorKschools 3. Finding your way around the resource pack
3.1 The resource pacO proZides all the inJorQation needed Jor teachers to deliZer a lesson on 1aKna
'arta and the 6ule oJ 0a[ -t is aZailaFle Jree oJ charKe:
ˆ as a printed FooOlet [ith an accoQpan]inK '(631 ˆ as a do[nload on the &inKhaQ 'entre´s [eFsite at [[[FinKhaQcentreFiiclorKschoolsQaKnacarta
3.2 The resource pacO contains:
3.2.1 % Qap oJ the lesson
This is an oZerZie[ oJ the Qaterials Jor eas] reJerence and contains inJorQation at a Klance on the
concepts sOills and actiZities that are tauKht
3.2.2 Teachers´ Qaterials
These contain inJorQation on ho[ to teach a lesson on 1aKna 'arta and the rule oJ la[
The Qaterials contain:
ˆ
Guidance on how each lesson contributes to the developing students’ functional skills and
Personal Learning and Thinking Skills (PLTS) as outlined in the [ider national curriculuQ
ˆ
Suggested starter and plenary activities
ˆ
Copies of the student printouts and activities [hich can Fe photocopied Jor students
ˆ
Instructions and guidance on how to use each activity
ˆ
Background information for the teacher on each teaching point, topic and activity [hich
is aiQed at teachers [ithout a leKal FacOKround to deZelop their understandinK and con½dence in
leKal concepts
ˆ
Guidance on timing oJ the lesson
ˆ
Glossary [hich contains de½nitions on Oe] leKal terQs and concepts used in the Qaterials -t
is intended to Fe used as an eas] reJerence tool Jor teachers and students [hen reUuired
3.2.3 Student materials
The student [orOsheets and handouts are clearl] QarOed [ithin the teachinK Qaterials;orOsheets
and handouts Qa] Fe printed out F] the teacher as releZant to each lesson
The teachers´ Qaterials contain instructions on ho[ to use each set oJ student Qaterials FacOKround
inJorQation Jor the teacher on the student actiZities and topics coZered and Kuidance aFout [hich
actiZities are optional
3.2.4 PowerPoint presentation
% 4o[er4oint presentation is aZailaFle on the '(631 and is Jor optional use in class -t has Feen
desiKned speci½call] to Fe used [ith the resource pacO -t is intended to Fe used as a Zisual aid
to accoQpan] the lesson to coQpleQent and enhance lesson deliZer] Fut is not inteKral to the
lessons -t can Fe adapted F] teachers to suit the needs oJ their students ;hereZer a 4o[er4oint
slide is aZailaFle to accoQpan] a teachinK point or actiZit] in the lesson the releZant section oJ the
teachers´ Qaterials [ill Fe QarOed [ith a red ³P´
3.2.5 Audio slideshow for use in the lesson
%n audio slidesho[ has Feen created Jor %ctiZit] to enhance student enKaKeQent and can
Fe Jound on the accoQpan]inK '(631 *acilities across classrooQs Zar] as do the teachinK
st]les learninK st]les and the sOills oJ students The slidesho[ can thereJore Fe used on an optional
Fasis F] teachers and the text oJ the slidesho[ has Feen produced on student [orOsheets as an
alternatiZe to the slidesho[
4. Using the resource pack
4.1 Identifying different types of activities
*or ease oJ identi½cation all coQponents in the Qaterials haZe Feen QarOed [ith a diJJerent identiJ]inK
icon as in the Oe] Felo[:
7tudent
Qaterials
Teachers´
instructions
Teachers´
FacOKround
Teacherled
introduction/
discussion
1ultiQedia
actiZit]
4.2 Instructions for teachers
-n the teachers´ Qaterials Feneath the student actiZities there are sections laFelled ±-nstructions Jor
teachers² These sections contain suKKestions on ho[ to present and orKanise actiZities to students and
Kuidance on the aiQ oJ the actiZit]
4.3 Background for teachers
-n the teachers´ Qaterials Feneath the student actiZities there are sections laFelled ±&acOKround Jor
teachers²
The inJorQation contained in these FacOKround sections is intended to proZide inJorQation Jor teachers
[ithout a leKal FacOKround on Oe] concepts to ensure the] Jeel JaQiliar coQJortaFle and con½dent [ith
presentinK the student Qaterials and ans[erinK Uuestions students Qa] haZe
6eadinK these sections [ill enhance the teacher´s understandinK oJ the Oe] concepts and it is
recoQQended that the] are read FeJore presentinK the lessons ,o[eZer it is not essential that teachers
read all the FacOKround inJorQation These sections are intended to proZide reJerence and FacOKround
-t is not intended that teachers present all this inJorQation to the class
The Jootnotes contain reJerences to leKal sources and Qaterials The] are included Jor the teacher´s
reJerence and Jor coQpleteness Fut it is not necessar] to read all the Jootnotes in order to understand
the principles
4.4 Estimated times for teaching points and activities
2ext to the ±-nstructions Jor teachers² Jor each teachinK point or actiZit] there is an estiQated tiQe
These tiQes [ill Zar] consideraFl] dependinK on the interests Ono[ledKe and sOills oJ the students
as [ell as ho[ the teachinK points and actiZities are presented and used Teachers Qa] [ish to taOe
estiQated tiQes into consideration [hen planninK their lessons
4.5 Teacher-led introductions to topics
% script has Feen proZided at the FeKinninK oJ the lesson in Jor teachers to use to present the Oe]
concepts and principles contained in the lesson This script can either Fe read paraphrased or adapted
dependinK on the chosen teachinK st]le and FacOKround Ono[ledKe oJ the teachers
4.6 Student activities
The student actiZities and printouts are contained [ithin the hard cop] oJ teachers´ Qaterials to Fe
photocopied and are aZailaFle [ithin the teachers´ Qaterials as a 4(* ½le on the '(631 The] are
also aZailaFle to do[nload JroQ the &inKhaQ 'entre´s [eFsite as a separate FooOlet
-nstructions on ho[ to use the actiZities and FacOKround inJorQation can Fe Jound aJter the student
Qaterials in each set oJ teachinK Qaterials ;here the Qaterials lead into [holeclass discussions or
[holeclass JeedFacO sessions the] haZe Feen included in the 4o[er4oint presentations as a Zisual aid
4.7 Plenary and evaluation
The lesson has a plenar] actiZit] at the end -t is intended to allo[ the teacher to assess iJ the students
haZe Krasped the Oe] concepts and ho[ Quch the] haZe learnt in each lesson
The plenar] section is intended to:
a Fe a tool to assist teachers and classes in eZaluatinK the success oJ the Qaterials in the classrooQ
F contriFute to[ards the QonitorinK and eZaluation oJ the &inKhaQ 'entre´s resources so that [e can
Fe responsiZe and adapt our approach accordinKl]
-t is not intended to assess student or teacher aFilit]
For enquiries and to access further free resources contact:
<iao ,ui )nK &inKhaQ 'entre Jor the 6ule oJ 0a[ [[[FinKhaQcentreFiiclorK/schools
xenK$FinKhaQcentreFiiclorK or schools$FinKhaQcentreFiiclorK
Objectives
7tudents [ill consider and discuss [hat their
o[n priorities are Jor societ] and [ill consider
the points oJ Zie[ oJ other students
7tudents [ill learn to appl] 1aKna 'arta
principles to releZant situations
1aKna
7tudents [ill understand the principles oJ the
'arta and the 1aKna 'arta that our Qodern da] Nustice
6ule oJ 0a[
s]steQ still upholds toda]
Lesson
7peed readinK and
sOiQreadinK
)ZaluatinK
priorities
)xpressinK ideas
accuratel] orall]
and in [ritinK
%ctiZit] : =our 1aKna
'arta
%ctiZit] : 1aKna 'arta
9sinK acUuired
Ono[ledKe to thinO and 1odern (a] .ustice
Principles
independentl]
7tarter actiZit]: :ideo on
the 1aKna 'arta
-ntroduction to
[orOinK [ith leKal
docuQents
-ndependent
enUuirers
'reatiZe thinOers
Activities
Functional Skills
PLTS
+roup FrainstorQinK and
draJtinK
%ppl]inK leKal principles
to a scenario collaFora
tiZe Kroup actiZit] and
discussion
%udioZisual
Type of activity
Lesson Plan
PLTS:
-ndependent enUuirers creatiZe thinOers
FUNCTIONAL SKILLS:
-ntroduction to [orOinK [ith leKal docuQents usinK acUuired Ono[ledKe
to thinO independentl] expressinK ideas accuratel] orall] and in [ritinK
eZaluatinK priorities speed readinK and sOiQ readinK
Magna Carta and a Historical Context for the Rule of Law
Magna Carta and a
Historical Context
for the Rule of Law
OBJECTIVES:
ˆ
7tudents [ill understand the principles oJ the 1aKna 'arta that our
Qodern da] Nustice s]steQ still upholds toda]
ˆ
7tudents [ill learn to appl] 1aKna 'arta principles to releZant
situations
ˆ
7tudents [ill consider and discuss [hat their o[n priorities are Jor
societ] and [ill consider the points oJ Zie[ oJ other students
OUTCOMES:
ˆ
7tudents [ill Fe aFle to identiJ] the JundaQental principles estaFlished
F] the 1aKna 'arta and Fe aFle to descriFe their place in our Nustice s]steQ
toda]
ˆ
7tudents [ill Fe aFle to express their o[n Zie[s on [hat the] consider
to Fe JundaQental Zalues oJ our societ] and Nustice s]steQ toda]
KEYWORDS:
1aKna 'arta eUualit] liFert] Jairness Nustice huQan riKhts
11
Magna Carta and a Historical Context for the Rule of Law
12
Optional homework activity to be completed
before the lesson – Instructions for Teachers
To prepare Jor an exploration oJ the 1aKna 'arta [here historical roots oJ soQe
oJ the principles eQFodied in our Nustice s]steQ can Fe Jound ]ou Qa] [ish to asO
students to do soQe research on the 1aKna 'arta and its iQportance Jor Qodern
da] Nustice principles 7tudents should Fe prepared to KiZe a Zer] short presentation
at the FeKinninK oJ the lesson on their ½ndinKs as a starter actiZit]
Either:
6WXGHQWSUHVHQWDWLRQVLQJURXSVRQWKHLUKRPHZRUNDVVLJQPHQWWR¼QGRXWDERXWWKH
Magna Carta and its relevance today;
Or:
Read or paraphrase the following:
P
The Magna Carta is recognised as containing some of the most important foundations
RIVRPHRIWKHSULQFLSOHVXSKHOGE\RXUMXVWLFHV\VWHPWRGD\VXFKDVOLPLWVRQWKH
H[HUFLVHRISRZHUGXHSURFHVVWKDWLVKDYLQJWKHULJKWWRKDYHMXVWLFHGRQHDFFRUGLQJ
WRODZLQFOXGLQJWKHULJKWWRKDYHDIDLUWULDODQGWKHSURWHFWLRQRISHUVRQDOULJKWV
DQGOLEHUWLHVRILQGLYLGXDOV
It is a foundation for some of the most fundamental principles of the rule of law: that
QRERG\LVDERYHWKHODZDQGWKDWHYHU\RQHLVDFFRXQWDEOHWRLWHYHQWKHPRQDUFK
7.1.1 STARTER ACTIVITY: Video on how the
Magna Carta came about (5 minutes)
Magna Carta and a Historical Context for the Rule of Law
7.1 Introduction: Magna Carta and a Historical Context
for the Rule of Law
Pla] the Zideo ³-ntroduction to the 1aKna 'arta´ on the '(631´
-n this Zideo the historical context leadinK up to the 1aKna 'arta is explained
as [ell as ho[ diJJerent Zersions oJ 1aKna 'arta caQe aFout The Zideo Frie¾]
explores the Oe] ideas in 1aKna 'arta and [hat surZiZes toda] in our Qodern
Nustice s]steQ
13
Magna Carta and a Historical Context for the Rule of Law
14
MAIN ACTIVITIES
7.2.1 Activity 1: Magna Carta and Modern Day
Justice Principles – Printouts for Students
&IPS[]SY[MPPWIIWIZIVEPGPEYWIWJVSQXLI½VWXZIVWMSRSJXLI1EKRE
Carta. Think about what the clauses mean. Ask your teacher if there is anything
that you don’t understand.
Next, watch the audio slideshow which follows Bardolph, a medieval peasant,
and his encounter with the justice system and rights under the Magna Carta.
Using the principles that you have just looked at in the clauses of the Magna
Carta, discuss in groups, which rights Bardolph has been denied.You will then
have an opportunity to share your answers as a class and your teacher will lead
a discussion on the clauses as a foundation for some of the principles in our
modern day justice system.
*SVEXVMZMEPSJJIRGIEJVIIQERWLEPPFI½RIHSRP]MR
proportion to the degree of his offence, and for a serious
offence correspondingly, but not so heavily as to deprive him
of his livelihood. In the same way, a merchant shall be spared
his merchandise, and a villein [a peasant] the implements of his
husbandry [cultivation of crops and animals], if they fall upon
XLIQIVG]SJEVS]EPGSYVX2SRISJXLIWI½RIWWLEPPFIMQTSWIH
except by the assessment on oath of reputable men of the
neighbourhood.
)EVPWERHFEVSRWWLEPPFI½RIHSRP]F]XLIMVIUYEPWERHMR
proportion to the gravity of their offence.
%½RIMQTSWIHYTSRXLIPE]TVSTIVX]SJEGPIVOMRLSP]
orders shall be assessed upon the same principles, without
VIJIVIRGIXSXLIZEPYISJLMWIGGPIWMEWXMGEPFIRI½GI?VIZIRYI
EXXEGLIHXSXLIIGGPIWMEWXMGEPSJ½GIA
-RJYXYVIRSSJ½GMEPWLEPPTPEGIEQERSRXVMEPYTSRLMWS[R
unsupported statement, without producing credible witnesses to
the truth of it.
Magna Carta and a Historical Context for the Rule of Law
P
(39) No free man shall be seized or imprisoned, or stripped of his
rights or possessions, or outlawed or exiled, or deprived of his
standing in any other way, nor will we proceed with force against
him, or send others to do so, except by the lawful judgement of
his equals or by the law of the land. (Still in effect today)
(40) To no one will we sell, to no one deny or delay right or
justice. (Still in effect today.)
(45) We will appoint as justices, constables, sheriffs, or other
SJ½GMEPWSRP]QIRXLEXORS[XLIPE[SJXLIVIEPQERHEVIQMRHIH
to keep it well.
15
Magna Carta and a Historical Context for the Rule of Law
7.2.1 Activity 1: Magna Carta and Modern Day
Justice Principles – Printouts for Students
Bardolph is a medieval peasant who rears animals and works on the land owned
by his feudal lord Theobald. Theobald gives Bardolph the right to use the land
and take the harvest from it, and in return, Bardolph is obliged to pay Theobald
E½\IHWYQSJQSRI]IZIV]WM\QSRXLW;MXLXLMWEVVERKIQIRX&EVHSPTLMWEFPI
to support his family.
16
Magna Carta and a Historical Context for the Rule of Law
In the past two years, Theobald has been raising the fees that he collects from
&EVHSPTLIZIV]WM\QSRXLW8LISFEPHLEWEPWSWXEVXIHXSMQTSWI½RIWSR
Bardolph, accusing him of petty offences such as leaving building doors unlocked
on his land, and saying that things had gone missing as result. Last year, Theobald
WEMHXLEXWSQIXSSPWLEHKSRIQMWWMRKERHMQTSWIHE½RISR&EVHSPTLEW[IPP
as making Bardolph give him all the hay he had made that summer, which meant
that Bardolph had nothing to feed his animals.
Bardolph is very unhappy with all this but has so far complied with Theobald’s
demands. However, this year, after a particularly bad harvest, made worse by
the fact that he had to sell most of his animals because he had nothing to feed
XLIQLIXIPPW8LISFEPHXLEXLIGER´XEJJSVHXSTE]XLILYKIP]MR¾EXIHJIIW
17
Magna Carta and a Historical Context for the Rule of Law
18
Theobald says nothing, but the next day, Bardolph is arrested by the local
constables.
Magna Carta and a Historical Context for the Rule of Law
He is brought before the county Justice (judge) and accused of poaching rabbits
from Theobald’s forests the previous day. This is a serious offence for which he
could receive very harsh punishments and possibly even be hanged. Bardolph
protests his innocence before the county Justice saying that apart from the
GSRZIVWEXMSRLILEH[MXL8LISFEPHLILEHWTIRXXLI[LSPIHE]MRXLI½IPHWERH
XLEXXLSWIMRRIMKLFSYVMRK½IPHWLEHWIIRLMQXLIVIYRXMPLI[IRXLSQIXSLMW
family when the sun set.
%X½VWXXLI.YWXMGIVIJYWIWXSEPPS[XLITIEWERXW[SVOMRKMRXLIRIMKLFSYVMRK
½IPHWXSXIWXMJ]XLEXXLI]LEHWIIR&EVHSPTL[SVOMRKMRXLI½IPHWEPPHE]ERH
that he’d gone home directly when the sun went down. Then, he changes his
mind, and tells Bardolph that he will allow the testimonies if Bardolph pays an
‘administration fee.’ Bardolph is both unwilling and unable to pay the fee.
What rights does Bardolph have under the 1215 version of the Magna Carta?
19
Magna Carta and a Historical Context for the Rule of Law
7.2.2 Activity 1: Magna Carta and Fundamental
Concepts – Instructions for Teachers
(20 minutes)
6eQind students Frie¾] oJ the FacOKround KiZen in the Zideo that there [ere
seZeral Zersions oJ the 1aKna 'artaThe clauses sho[n aFoZe are extracts JroQ the
earliest Zersion There [ere seZeral later Zersions and soQe oJ these earliest
clauses [ere reproduced in later Zersions [hile others [ere not
%sO students to haZe an initial looO at the clauses oJ the Zersion oJ the 1aKna
'arta reproduced aFoZe and to consider [hat the] Qean FeJore taOinK the class
throuKh the lanKuaKe oJ the text [hich is explained Felo[ in the ±&acOKround Jor
Teachers²
3nce the students haZe Krasped the QeaninK oJ the clauses pla] the audio slidesho[
on the 1aKna 'arta Jollo[inK [hich ]ou can lead a discussion on the clauses and
their releZance to aspects oJ the Qodernda] Nustice s]steQ 7tudents can share
their ideas in Kroups
7.2.3 Activity 1: Magna Carta and Fundamental
Concepts – Background for Teachers
The point oJ the exercise is to introduce to students soQe oJ the Joundations oJ our
Qodernda] Nustice s]steQ and the principles that are Oe] to a Kood to Nustice s]steQ
7oQe oJ the Qore adZanced students particularl] those [ho haZe used preZious
lesson Qaterial Qa] Zolunteer the linOs Fet[een the 1aKna 'arta proZisions and
Qodernda] principles oJ eUualit] Jairness liFert] and Nustice as re¾ected in aspects
oJ our Nustice s]steQ
ThrouKhout this FacOKround Jor teachers ]ou [ill see reJerences to the preZious
lessons on the Nustice s]steQ Jor the ease oJ those [ho haZe used the preZious
course ,o[eZer iJ ]ou haZe not used the preZious course ]ou [ill not Fe at a
disadZantaKe Fecause the issues are explained here
The principles Jound in the 1aKna 'arta and [hich still exist toda] in our Nustice
s]steQ are in EROG
The iQplications Jor &ardolph the character suJJerinK inNustices in our exercise is
outlined at the end oJ each section
20
)arls and Farons shall Fe ½ned onl] F] their eUuals and in proportion
to the KraZit] oJ their oJJence
% ½ne iQposed upon the la] propert] oJ a clerO in hol] orders shall
Fe assessed upon the saQe principles [ithout reJerence to the Zalue oJ
his ecclesiastical Fene½ce ?reZenue attached to the ecclesiastical oJ½ceA
P Clauses 20 to 22 estaFlish t[o principles 8LI½VWXTVMRGMTPIWIXSYXMRXLI½VWX
part of clause 20 and in clauses 21 and 22 is that:
A penalty for restricting a particular act should be proportionate to the harm
caused by the offence committed. Put a diJJerent [a] people should not receive
punishments that are disproportionate to their wrongdoing.
These clauses perQit ½nes to Fe iQposed on indiZiduals as penalties Jor oJJences onl]
in proportion to the seZerit] oJ the oJJence coQQitted F] that indiZidual [hateZer
occupation he has and not to the extent that he [ill Fe depriZed oJ his liZelihood
Magna Carta and a Historical Context for the Rule of Law
*or a triZial oJJence a Jree Qan shall Fe ½ned onl] in proportion to the
deKree oJ his oJJence and Jor a serious oJJence correspondinKl] Fut not
so heaZil] as to depriZe hiQ oJ his liZelihood -n the saQe [a] a Qerchant
shall Fe spared his Qerchandise and a Zillein ?a peasantA the iQpleQents
oJ his husFandr] ?cultiZation oJ crops and aniQalsA iJ the] Jall upon the
Qerc] oJ a ro]al court 2one oJ these ½nes shall Fe iQposed except F]
the assessQent on oath oJ reputaFle Qen oJ the neiKhFourhood
0a[ exists in order to Qaintain order in a societ] to protect those [ithin that
societ] and to resolZe disputes as discussed in lesson 1ost [ould aKree that a
penalt] Jor FreaOinK the la[ is necessar] to deter Juture Fad FehaZiour ,o[eZer
this penalt] Qust Fe proportionate other[ise there is an undue restriction oJ
personal liFert] 1ost [ould consider Jor exaQple a penalt] oJ liJe iQprisonQent
Jor stealinK an apple to Fe disproportionate This idea oJ proportionalit] still exists
-n our Qodern Nustice s]steQ sentencinK Kuidelines exist to support this principle so
that oJJences carr] diJJerent ranKes oJ penalties dependinK on their seZerit]
The clauses speci½call] protect people JroQ FeinK depriZed oJ their liZelihoods
[hich [ould Fe a disproportionatel] harsh sentence eZen Jor a ³serious oJJence´
The second principle set out in the second part of clause 20 is that:
A penalty cannot be imposed on someone without a fair assessment of the
situation by fair and independent adjudicators.
The clause does not perQit ½nes to Fe iQposed except F] the assessQent on oath
oJ reputaFle Qen oJ the neiKhFourhood introducinK the rudiQents oJ one oJ the
eleQents oJ Jair trial The idea here is that -t [ould Fe unJair Jor exaQple iJ people
could Fe punished [ithout haZinK the real stor] oJ [hat happened uncoZered or
21
Magna Carta and a Historical Context for the Rule of Law
haZinK the Jull picture taOen into account=ou Qa] [ish to point out to students that
clause [hich speci½es that ³earls and Farons shall Fe ½ned onl] F] their eUuals´
does not support the concept oJ Jair trial -t is liOel] to Fe the case that people FeinK
assessed solel] F] others oJ their o[n socioeconoQic status are Qore liOel] to Kain
JaZour [ith theQ This is not a Zalue that our Nustice s]steQ seeOs to re¾ect toda]
What about Bardolph?
'lause should protect &ardolph JroQ FeinK ½ned [here there has Feen no
assessQent F] reputaFle Qen oJ the neiKhFourhood ;ithout such an assessQent
it is not clear that &ardolph is Kuilt] oJ [hat he has Feen accused )Zen supposinK
that &ardolph has coQQitted the oJJences he has Feen accused oJ 'lause speci½call] protects Zilleins Fonded peasants liOe &ardolph JroQ FeinK depriZed oJ
his liZelihood [hich is too harsh a sentence &ardolph has Feen denied his riKht to
a Jair trial and proportionate sentence
-n Juture no oJ½cial shall place a Qan on trial upon his o[n unsupported
stateQent [ithout producinK crediFle [itnesses to the truth oJ it
P Clause 38 establishes the principle that:
4ISTPIGERRSXFIFVSYKLXXSXVMEPSRXLI[LMQSJERSJ½GMEP-XTVSXIGXWMRHMZMHYEPW
from being accused of an offence without evidence.
This principle is re¾ected in our Nustice s]steQ toda] -n the 9/ a person [ill not
Fe FrouKht to trial unless the 'ro[n Prosecution 7erZice is satis½ed that there
is enouKh eZidence to proZide a realistic prospect oJ conZiction oJ a suspect A
person charged with a criminal offence is innocent until proven guilty and cannot
FIGSRZMGXIHMJXLIVIMWMRWYJ½GMIRXIZMHIRGI includinK [itness accounts as [ell as
other eZidence
What about Bardolph?
&ardolph has Feen FrouKht FeJore the count] .ustice to Fe tried [ithout an]
supportinK eZidence Jor the oJJences he is supposed to haZe coQQitted ,is riKhts
under clause thereJore appear to haZe Feen inJrinKed
22
P Clause 39 establishes the principle that:
Individuals may only be deprived of their liberty in certain circumstances
prescribed by law and in a manner provided by law.
-t protects ³Jree Qen´ JroQ haZinK soQe oJ their Qost iQportant riKhts and liFerties
JroQ FeinK arFitraril] reQoZed includinK their ph]sical liFert] -n QedieZal )nKland
the Jeudal s]steQ distinKuished Fet[een ³Jree Qen´ [ho [ere Jree to QoZe around
and taOe up diJJerent NoFs as the] pleased and ³serJs´ [ho [ere Fonded to their
Jeudal lords and o[ed theQ a dut] oJ alleKiance
The principle aFoZe applies in its Qost literal sense to the depriZation oJ ph]sical
liFert] ie FeinK detained If an individual is detained wrongfully, he/she may
challenge that detention before a judge who will make a decision on the legality of
that detention. This principle oJ ³haFeas corpus´ QeaninK in 0atin ³]ou Qa] haZe the
Fod]´ in the 1aKna 'arta enshrined preexistinK coQQon la[ ,aFeas corpus has
Feen applied Jor in Qan] diJJerent circuQstances [here detention oJ an indiZidual
[as alleKed to Fe illeKal )xaQples [here this has Feen inZoOed successJull] in 9/
courts to secure the release oJ an indiZidual in 9/ courts include cases oJ dela]
in extradition6 and has eZen Feen inZoOed in 9/ courts [here an indiZidual [as
FeinK detained F] the KoZernQent oJ another countr] the 97 [here it could Fe
sho[n that the 9/ had soQe control oZer the indiZidual´s release ,aFeas corpus
has also Feen inZoOed in a nuQFer oJ cases inZolZinK terror suspects FeinK held at
+uantanaQo &a] Magna Carta and a Historical Context for the Rule of Law
2o Jree Qan shall Fe sei^ed or iQprisoned or stripped oJ his riKhts
or possessions or outla[ed or exiled or depriZed oJ his standinK in an]
other [a] nor [ill [e proceed [ith Jorce aKainst hiQ or send others to
do so except F] the la[Jul NudKeQent oJ his eUuals or F] the la[ oJ the
land 7till in eJJect toda]
,o[eZer readinK Jurther into the de½nition oJ personal liFert] the restriction on
depriZation oJ liFert] also applies to the liFert] that indiZiduals are depriZed oJ
in a Qore Keneral sense [hen an] sort oJ penalt] is iQposed The eJJect oJ the
restriction is that YRPIWWERMRHMZMHYEPLEWGSQQMXXIHERSJJIRGIWTIGM½IHF]PE[
he may not be punished for it. %nother [a] oJ puttinK this is that indiZiduals haZe
an aFsolute riKht not to Fe punished [ithout the oJJence and the penalt] FeinK
speci½ed in la[ This is Jurther deZeloped F] other iQportant principles that [ere
explored in lesson ;e estaFlished in lesson that in order Jor ]ou to Ono[ ho[
to FehaZe in order not to FreaO the la[ there Qust Fe certaint] and clarit] in the
la[ -t Qust Fe clear [hat ]ou are and are not allo[ed to do
The phrase F] ³la[Jul NudKQent oJ his eUuals´ descriFes the s]steQ oJ trial F] Nur] that
existed in QedieZal tiQes and [hich still exists in Qodern JorQ toda] Jor serious
criQes ;hat is reUuired in order Jor soQeone to receiZe a ³la[Jul NudKeQent´ has
Feen deZeloped to a Kreat deKreeToda] this is addressed F] Jair trial principles that
23
Magna Carta and a Historical Context for the Rule of Law
are internationall] recoKnised Without having a fair trial, individuals may not be
found guilty of an offence. -n a criQinal trial Jair trial reUuireQents include the
HIJIRHERXORS[MRK[LEXLIMWFIMRKEGGYWIHSJLEZMRKWYJ½GMIRXXMQIXSTVITEVI
his defence, being able to understand the proceedings and the case being made
against him, the case and judgement being open to the scrutiny of the public, the
judge being impartial and deciding the case based on the law, and the defendant
being innocent until proven guilty.
The essence oJ clause oJ the Zersion oJ the 1aKna 'arta surZiZed the later
iterations oJ the docuQent and is one oJ the Je[ proZisions still reQaininK in Jorce
toda]
What about Bardolph?
=ou Qa] [ish to point out that the terQ ³Jree Qen´ [ould seeQ to exclude peasants
liOe &ardolph [ho are in Fonded laFour Fut that the essence oJ this riKht has Feen
reproduced in later la[s to include all people -n Qodern &ritish societ] the Jeudal
concept oJ Fonded laFour no lonKer exists oJ course and all people are ³Jree´ in that
sense and entitled to this riKht
To no one [ill [e sell to no one den] or dela] riKht or Nustice 7till
in eJJect toda]
P Clause 40 estaFlishes a nuQFer oJ principles
8LI½VWXTVMRGMTPIMWXLEX
Justice is not a commodity that may be sold.
This relates to an iQportant principle coZered in lesson that access to the
Nustice s]steQ Qust Fe aZailaFle to eZer]one and not Qerel] those [ho can pa] Jor
it 3ther[ise this [ould lead to one s]steQ and outcoQe Jor the rich and another
Jor the poor This clause also proZides the Joundation Jor a related principle that
everyone, regardless of socio-economic status, has a right to justice, whether in a
civil or a criminal dispute. -n the 9/ there exists a s]steQ oJ ³leKal aid´ [hich is the
proZision oJ ½nancial aid F] the KoZernQent to Jund leKal adZice and representation
in court Jor those [ho cannot pa] Jor it This allo[s those [ho don´t haZe the
Qeans to pa] Jor adZice and representation to Fe aFle to access the Nustice s]steQ
and to oFtain a Nust outcoQe
The second principle in Clause 40 is that:
Justice must be dispensed swiftly.
24
What about Bardolph?
The Jact that &ardolph has Feen asOed to pa] an ³adQinistratiZe Jee´ in order to FrinK
Zital eZidence to his criQinal case is contrar] to the idea that Nustice is soQethinK
that eZer]one is entitled to and is not to Fe sold &ardolph should haZe the riKht to
Nustice [hether or not he can pa] the Jee
;e [ill appoint as Nustices constaFles sheriJJs or other oJ½cials onl]
Qen that Ono[ the la[ oJ the realQ and are Qinded to Oeep it [ell
P Clause 45 estaFlishes the principle that:
Judges must not only have the relevant knowledge of the law, but he/she should
base his/her decisions on the relevant law in order for a just outcome to be
achieved.
This principle proZides the Joundation Jor one oJ the eleQents oJ Jair trial explored
in lesson ;e exaQined the role oJ NudKes as decisionQaOers in the outcoQe oJ
trials or the person adZisinK those [ho [ill QaOe the decision and the characteristics
that NudKes need in order to perJorQ their role in such a [a] that Qade people
con½dent that Nustice [as FeinK done
Magna Carta and a Historical Context for the Rule of Law
The essence oJ clause oJ the Zersion oJ the 1aKna 'arta surZiZed the later
iterations oJ the docuQent and is one oJ the Je[ proZisions still reQaininK in Jorce
toda] =ou Qa] [ish to point out to students that this clause [as not reproduced in later
Zersions oJ the 1aKna 'arta Fut that the principle is certainl] one that still stands
toda] and is Jor exaQple JundaQental to the appointQents processes Jor Nudicial
oJ½cers
What about Bardolph?
9nJortunatel] Jor &ardolph it [ould appear JroQ the circuQstances outlined that
the .ustice is either una[are oJ the la[ or is not Qinded to Oeep to it
25
Magna Carta and a Historical Context for the Rule of Law
7.3.1 Activity 2: Your Magna Carta
– Printouts for Students
9sinK the oriKinal 1aKna 'arta as a startinK point tr] to dra[ up ]our o[n
1aKna 'arta or docuQent that la]s out in ½Ze points [hat ]ou consider to Fe the
JundaQental principles oJ our societ] ThinO aFout [hat ]ou [ould include as the
Qost iQportant eleQents Jor haZinK a societ] [here people haZe their liFerties
saJeKuarded eUuall] and Jairl] and are con½dent oJ haZinK Nustice done [here there
are disputes
P =ou
can use soQe oJ the Oe] [ords and terQs Felo[ as a startinK point Jor
deZelopinK ]our ideas or coQe up [ith ]our o[n
Equality and equal rights
Equal opportunities
&IMRKEFPIXSFIRI½XIUYEPP]JVSQXLIPE[
Equality before the law
Justice
Access to the justice system
No ‘special treatment’ for some people without good reason
Resolving disputes fairly
Representation in court
*EMVXVMEP 0IKEPP]UYEPM½IHNYHKIW -RHITIRHIRXNYHKIW
Fairness, objectiveness and impartiality in the justice system
Human rights
Freedom of expression
Freedom of thought
Prohibition of slavery
Right to food and water
26
Fundamental rights
Liberty
Freedom of information
Right to life
Prohibition of torture
Freedom of religion
Right to housing
27
Magna Carta and a Historical Context for the Rule of Law
Magna Carta and a Historical Context for the Rule of Law
7.3.2 Activity 2: Your Magna Carta
– Instructions for teachers (20 minutes)
7plit students up into Kroups oJ Jour or ½Ze and asO theQ to coQe up [ith ½Ze
proZisions that the] [ould include in their Zersion oJ a conteQporar] 1aKna
'arta 0et students Ono[ that the] should Fe prepared to discuss [h] the] [ould
include certain eleQents in their Zersions oJ the 1aKna 'arta
)ncouraKe students to consider [hat sort oJ societ] the] [ould liOe to liZe in and
]ou Qa] [ish to proQpt students F] explaininK that in order to haZe an eUual
and Jair societ] [here people haZe their liFerties saJeKuarded and [here Nustice is
done the] need to consider Foth the content oJ the la[ that Kuarantees people´s
riKhts and the s]steQ that needs to Fe in place in order to QaOe sure that the la[
is enJorced
The Fox [ith [ord proQpts Qa] KiZe students soQe ideas on [here to start and
recalls concepts that [ere explored in preZious lessons The] are Nust a startinK
point and do not F] an] Qeans represent eZer]thinK that could Fe in students´
draJts
-J ]our class has not used the preZious Qaterials on the Nustice s]steQ dependinK
on student aFilit] ]ou Qa] [ish to KiZe theQ extra help F] elaForatinK on
concepts as proZided in the teacher FacOKround Felo[ FeJore the] draJt their
o[n Zersions oJ the 1aKna 'arta
7.3.3 Activity 2: Your Magna Carta
– Background for teachers
The point oJ the exercise is to encouraKe students to thinO aFout [hat a Kood
Nustice s]steQ looOs liOe a s]steQ that Kuarantees indiZidual riKhts and liFerties in
a Jair and eUual [a] and QaOes Nustice accessiFle to all
28
The Keneral principle is that [e [ould expect to Fe treated eUuall] [hen it coQes
to Fasic riKhts that [e are entitled to in la[ Jor exaQple education healthcare or
FeinK aFle to haZe Nustice done in a dispute -t also Qeans FeinK eUuall] accountaFle
FeJore the la[ ¯ ie haZinK the saQe responsiFilities FeJore the la[ and FeinK
suFNect to the saQe penalties -n suQQar] this Qeans that [e should not Fe treated
diJJerentl] [hether in terQs oJ Fene½tinK JroQ the la[ or FeinK accountaFle under
the la[ on the Fasis oJ diJJerent characteristics that [e Qa] haZe such as FeinK rich
or poor our ethnicit] our FelieJs and so on
,o[eZer in order to achieZe eUualit] people Qa] need to Fe treated diJJerentl]
People in a [eaOer position Qa] need extra help in order to Fe aFle to haZe an
eUual opportunit] to Fene½t or to Fe suFNect to a leZel oJ responsiFilit] under
the la[ that is appropriate Jor theQ *or exaQple due to their lo[er capacit] to
understand than adults children Qa] need Qore help than adults to understand
leKal proceedinKs (ue to haZinK less Qaturit] and NudKQent than an adult a child
has a lo[er leZel oJ responsiFilit] under the la[ and in Qost circuQstances [ill
receiZe a Qore lenient sentence
To suQQarise [hen [e speaO oJ eUualit] [e do not necessaril] Qean that eZer]one
should haZe exactl] the saQe outcoQe Fut rather that people should haZe startinK
points that are as siQilar as possiFle *or exaQple [e cannot Kuarantee that all
children [ill do eUuall] [ell at school Fut F] KiZinK extra help to those [ho need
it [e KiZe children [ho haZe additional needs the opportunit] to Fene½t JroQ
education on a Qore siQilar JootinK to other children
Magna Carta and a Historical Context for the Rule of Law
)UYEPMX]IUYEPSTTSVXYRMXMIWIUYEPFIRI½XSJXLIPE[IUYEPMX]FIJSVIXLIPE[RS
‘special treatment’ for some without good reason – this was addressed in lesson
2.
Justice, Access to the justice system, Representation in court, Fair trial, Resolving
disputes fairly, Independent judges, Fairness, objectiveness and impartiality in the
justice system – this was addressed in lesson 4.
*or our riKhts to exist in a real and enJorceaFle [a] a s]steQ Qust Fe in place to
dispense Nustice in the eZent oJ a dispute [hether ciZil or criQinal -J ]ou haZe Feen
[ronKl] depriZed oJ an] oJ ]our riKhts or haZe Feen [ronKl] accused oJ FreaOinK
the la[ there Qust Fe soQe [a] oJ challenKinK this There Qust Fe soQe [a] oJ
haZinK the riKht that ]ou are entitled to put in place and soQe [a] oJ ensurinK that
eZidence [hich Qa] estaFlish ]our innocence is FrouKht out and considered F]
those [ho are decidinK [hether ]ou are Kuilt] or innocent The [a] in [hich this
happens in this countr] is usuall] throuKh the trial s]steQ in courts and triFunals
ThereJore in order Jor indiZiduals to Fe aFle to QaOe sure that the] Ket their riKhts
the] haZe to Fe aFle to access the court s]steQ and Qore [idel] the Nustice s]steQ
[hen the] Jeel that their riKhts haZe Feen inJrinKed
-n order to haZe access to the Nustice s]steQ indiZiduals need a Jair trial and independent
NudKes to hear their cases The] also need leKal adZice and representation in court
29
Magna Carta and a Historical Context for the Rule of Law
Human rights, Fundamental rights, Liberty, Freedom of expression, Freedom of
information, Freedom of thought, Right to life, Prohibition of torture, Freedom of
religion, Right to food and water, Right to housing – this was addressed in lesson 5.
,uQan riKhts are riKhts that eZer]Fod] possesses F] Zirtue oJ FeinK huQan and
[hich eZer] person needs in order to liZe happil] healthil] and [ith diKnit] 7oQe
exaQples oJ riKhts haZe Feen listed in the Oe] [ords proQpt Fox Fut there are
Qan] Qore that are enshrined in doQestic huQan riKhts la[ the 9/ ,uQan 6iKhts
%ct and in international la[ particularl] the 92 huQan riKhts treaties6 and
reKional huQan riKhts conZentions
&elo[ is a student Zersion oJ the 9niZersal (eclaration oJ ,uQan 6iKhts [hich
coZers the riKhts that are Kenerall] accepted F] Qost countries in the [orld =ou
Qa] [ish to use it as a Kuide to tease diJJerent riKhts out oJ students Fe]ond the
saQple that haZe Feen included in the Oe] [ords Fox as proQpts
%rticle °)Zer]one is Jree and eUual in diKnit] and riKhts
%rticle °)Zer]one is eUual despite diJJerences in sOin colour sex reliKion or
lanKuaKe Jor exaQple
%rticle °)Zer]one has the riKht to liJe and to liZe in JreedoQ and saJet]
%rticle °2oFod] has the riKht to treat ]ou as a slaZe and nor should ]ou QaOe
an]one ]our slaZe
%rticle °2oFod] has the riKht to hurt ]ou or to torture ]ou
%rticle 6°)Zer]one has the riKht to Fe treated eUuall] F] the la[
%rticle °The la[ is the saQe Jor eZer]one and it should Fe applied in the saQe
[a] to all
%rticle °)Zer]one has the riKht to asO Jor leKal help [hen their riKhts are not
respected
%rticle ° 2oFod] has the riKht to iQprison ]ou unNustl] or expel ]ou JroQ ]our
o[n countr]
%rticle °)Zer]one has the riKht to a Jair and puFlic trial
%rticle °)Zer]one should Fe considered innocent until Kuilt is proZed
%rticle °2oFod] Qa] interJere [ith ]our priZate and JaQil] liJe [ithout a Kood
reason
%rticle °)Zer]one has the riKht to traZel as the] [ish
%rticle °)Zer]one has the riKht to Ko to another countr] and asO Jor protection
iJ the] are FeinK persecuted or are in danKer oJ FeinK persecuted
30
%rticle 6°)Zer]one has the riKht to Qarr] and haZe a JaQil]
%rticle °)Zer]one has the riKht to o[n propert] and possessions
%rticle °)Zer]one has the riKht to practise and oFserZe all aspects oJ their o[n
reliKion and chanKe their reliKion iJ the] [ant to
%rticle °)Zer]one has the riKht to sa] [hat the] thinO and to KiZe and receiZe
inJorQation
%rticle °)Zer]one has the riKht to taOe part in QeetinKs and to Noin associations
in a peaceJul [a]
%rticle °)Zer]one has the riKht to help choose and taOe part in the KoZernQent
oJ their countr]
%rticle °)Zer]one has the riKht to social securit] and to opportunities to
deZelop their sOills
%rticle °)Zer]one has the riKht to [orO Jor a Jair [aKe in a saJe enZironQent
and to Noin a trade union
%rticle °)Zer]one has the riKht to rest and leisure
%rticle °)Zer]one has the riKht to an adeUuate standard oJ liZinK and Qedical
help iJ the] are ill
Magna Carta and a Historical Context for the Rule of Law
%rticle °)Zer]one has the riKht to FelonK to a countr] 2o one has the riKht to
preZent ]ou JroQ FelonKinK to another countr] iJ ]ou [ish to
%rticle 6°)Zer]one has the riKht to Ko to school
%rticle °)Zer]one has the riKht to share in their coQQunit]´s cultural liJe
%rticle °)Zer]one Qust respect the social order that is necessar] Jor all these
riKhts to Fe aZailaFle
%rticle °)Zer]one Qust respect the riKhts oJ others the coQQunit] and puFlic
propert]
%rticle °2oFod] Qa] taOe an] oJ the riKhts in this declaration a[a] JroQ ]ou
7tudents Qa] haZe diJJerent opinions on [hether soQe riKhts are Qore iQportant
than others and soQe Qa] choose to include soQe riKhts and not others into their
Zersions oJ the 1aKna 'arta This is ½ne and allo[s an opportunit] Jor students
to explain ho[ the] haZe prioritised and [h] the] Jeel soQe riKhts are Qore
iQportant than others There are no riKht or [ronK ans[ers and riKhts are oJten
interconnected *or exaQple the riKht to education [ill aJJect a person´s aFilit] later
on to exercise his or her riKht to [orO
31
Magna Carta and a Historical Context for the Rule of Law
7.4.1 Plenary
P %sO the students the Jollo[inK Uuestions:
;hat [as the point oJ 1aKna 'arta#
;hat are soQe oJ the concepts in 1aKna 'arta that still surZiZe in toda]´s Nustice
s]steQ#
7.2.3 Plenary – Background for Teachers
1aKna 'arta contains seZeral oJ the JundaQental concepts that underlie our
Nustice s]steQ toda] %t the root oJ all these principles [ithin the Nustice s]steQ lie
the Zalues oJ eUualit] Jairness liFert] and Nustice )xaQples oJ these Zalues FeinK
re¾ected in aspects oJ the Nustice s]steQ include soQe oJ the principles discussed
aFoZe in %ctiZit] 1aKna 'arta and 1odern (a] .ustice Principles such as Jair
trial no punishQent except accordinK to the la[ and FeinK innocent until proZen
Kuilt] The re¾ection oJ these Zalues in the la[ itselJ and in the Qachiner] that
dispenses Nustice QaOes a Kood and Jair Nustice s]steQ
TaOen altoKether these principles QaOinK up a Kood Nustice s]steQ are a re¾ection
oJ a concept that [e call the rule oJ la[ The rule oJ la[ at its siQplest Qeans that
it is the la[ rather than arFitrariness or indiZidual [hiQ oJ those in po[er that
reKulates our FehaZiour in societ] and KoZerns our riKhts and responsiFilities and
that eZer]one Qust oFe] the la[ [hateZer their status or position
1aKna 'arta [as an earl] docuQentation oJ soQe oJ the principles underl]inK
our Nustice s]steQ toda] %lthouKh the la[ and the Nustice s]steQ haZe eZolZed
since QedieZal tiQes to serZe the needs oJ Qodern societ] 1aKna 'arta still holds
an iQportant place in the Joundations oJ our Qodern Nustice s]steQ
32
-n Qodern tiQes it is the KoZernQent that carries out the Junctions oJ the state on the 'ro[n´s Fe
halJ rather than the Qonarch hiQselJ/herselJ %lthouKh in the 9/ the Qonarch cannot personall] Fe
prosecuted Jor ciZil or criQinal oJJences under the 'ro[n ProceedinKs %ct leKal action can Fe
coQQenced F] an indiZidual or coQpan] aKainst the KoZernQent [here it has acted unla[Jull] in car
r]inK out state Junctions
%rt 6 oJ the ,uQan 6iKhts %ct -n the deterQination oJ his ciZil riKhts and oFliKations or oJ an]
criQinal charKe aKainst hiQ eZer]one is entitled to a Jair and puFlic hearinK [ithin a reasonaFle tiQe F]
an independent and iQpartial triFunal estaFlished F] la[
9nder the 'ode Jor 'ro[n Prosecutors
%s proZided Jor F] %rt 6 oJ 7chedule oJ the ,uQan 6iKhts %ct
%rt oJ the ,uQan 6iKhts %ct proZides the onl] circuQstances under [hich a person Qa] Fe
arrested or detained Jor exaQple Jor exaQple aJter conZiction or in order to FrinK hiQ FeJore court
[here there is a reasonaFle suspicion that he has coQQitted an oJJence -t also states that an] depriZa
tion oJ liFert] Qust Fe in accordance [ith a procedure prescriFed F] la[
6
Neteczca v Governor of Holloway Prison ?A );,' Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another &,6' 6
*or exaQple in the case oJ Hamdan v. Rumsfeld, 97 6 a [rit oJ haFeas corpus [as
successJull] ½led to challenKe the detention oJ ,aQdan F] the 97 KoZernQent at +uantanaQo &a]
pendinK trial at a Qilitar] coQQission on the Fasis that the 'oQQission [as illeKal under Foth 97
9niJorQ 'ode oJ 1ilitar] .ustice and the +eneZa 'onZention
%rt oJ the ,uQan 6iKhts %ct proZides that no one shall Fe held Kuilt] oJ an] criQinal oJJence on
account oJ an] act or oQission [hich did not constitute a criQinal oJJence under national or international
la[ at the tiQe [hen it [as coQQitted
Magna Carta and a Historical Context for the Rule of Law
*ootnotes:
%rt oJ the ,uQan 6iKhts %ct proZides that no one shall Fe held Kuilt] oJ an] criQinal oJJence on
account oJ an] act or oQission [hich did not constitute a criQinal oJJence under national or international
la[ at the tiQe [hen it [as coQQitted 2or shall a heaZier penalt] Fe iQposed than the one that [as
applicaFle at the tiQe the criQinal oJJence [as coQQitted
'lause <<-< oJ the 1aKna 'arta [hich is still in Jorce sa]s ³2o *reeQan shall Fe taOen or
iQprisoned or Fe disseised oJ his *reehold or 0iFerties or Jree 'ustoQs or Fe outla[ed or exiled or
an] other [ise destro]ed nor [ill ;e not pass upon hiQ nor ?<condeQn hiQA Fut F] la[Jul NudKQent
oJ his Peers or F] the 0a[ oJ the 0and ;e [ill sell to no Qan [e [ill not den] or deJer to an] Qan
either .ustice or 6iKht´
*or exaQple in the 7ix 7tatutes passed F] ParliaQent in the reiKn oJ )d[ard --- deZelopinK the oriKinal
1aKna 'arta proZisions the reJerence in is to ³no Qan oJ [hateZer estate or condition he Fe©´
%rt 6 oJ the ,uQan 6iKhts %ct proZides that ³-n the deterQination oJ his ciZil riKhts and oFliKations
or oJ an] criQinal charKe aKainst hiQ eZer]one is entitled to a Jair and puFlic hearinK [ithin a reasonaFle
tiQe F] an independent and iQpartial triFunal estaFlished F] la[´
7ee Jootnote http://[[[leKislationKoZuO/uOpKa///schedule/
6
http://[[[ohchrorK/)2/ProJessional-nterest/PaKes/'ore-nstruQentsaspx
http://[[[ohchrorK/)2/-ssues/)7'6/PaKes/6eKional,6Treatiesaspx
33
Magna Carta and a Historical Context for the Rule of Law
Magna Carta and the Rule of Law - Glossary
Civil dispute - a dispute inZolZinK the leKal riKhts and oFliKations Fet[een indiZiduals coQpanies
KoZernQents orKanisations and other nonstate parties -n ciZil disputes one part] taOes leKal
action aKainst or sues another part] &reach oJ contract or inNur] caused F] neKliKence are
exaQples oJ ciZil leKal Qatters
Criminal law - the la[ KoZerninK [ronKs that are punishaFle as criQes -n criQinal Qatters the
state prosecutes indiZiduals in courts TheJt and Qurder are exaQples oJ criQes
Conviction - FeinK Jound Kuilt] oJ a criQe
Crown Prosecution Service – the authorit] that represents the state in prosecutinK criQes
Fair trial - Jair proceedinKs in a ciZil or criQinal trial
Habeas Corpus - leKal principle that allo[s those [ho are detained to challenKe the leKalit] oJ
their detention
Human rights - riKhts that eZer]Fod] possesses F] Zirtue oJ FeinK huQan and [hich eZer]
person needs in order to liZe happil] healthil] and [ith diKnit]
Human Rights Act - the Qain piece oJ 9/ la[ on huQan riKhts protection -t [as enacted in
and KiZes eJJect in the 9/ to the )uropean 'onZention on ,uQan 6iKhts
Jury - a Kroup oJ iQpartial QeQFers oJ the puFlic [ho are called on to decide in court [hether
or not a person accused oJ a criQe is Kuilt] The process inZolZes the Nur] hearinK eZidence and
FeinK directed F] the NudKe on [hat the la[ is
Justice system - the institution and processes throuKh [hich criQinal and ciZil cases are decided
[here penalties are iQposed on [ronKdoers and inNured parties Qa] Fe coQpensated
Legal aid - leKal adZice and representation in court paid Jor F] the state [here a person cannot
aJJord to pa] Jor a la[]er
Offence - a [ronKdoinK in la[
Sentence - % penalt] iQposed F] the court on the [ronKdoer
Proportionate sentence – % sentence that is in proportion to the seriousness oJ the
criQe or ciZil [ronK coQQitted
Trial - proceedinKs in court to decide the outcoQe oJ a ciZil or criQinal case
Universal Declaration of Human Rights - a declaration Qade F] the countries oJ the [orld
throuKh the JraQe[orO oJ the 9nited 2ations aJter the 7econd ;orld ;ar proclaiQinK a
coQQon standard oJ riKhts that all huQan FeinKs in the [orld are entitled to F] Zirtue oJ FeinK
huQan
34