Magna Carta - Riassunto Diritto processuale civile PDF

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MAGNA CARTA The Magna Carta, originally issued in 1215 by King John of England, came from the agreement between the barons and imposed on King John as a solemn recognition on the limits deriving from the law of the land and from the privileges of the Church, the aristocracy, the boroughs and free men. It was the first governmental decree establishing the principle that all people -including the king – were equally subject to the law. so for the first time, the king was not allowed to be above the law, but had to respect the rule of law, without abusing his position of power. In sight of this, it is an innovative chart, being one of the most impactful documents ever written and as being the founding document for modern western costitutional government inasmuch it had a significant impact on the american Declaration of Independence and on the U.S.Constitution, but at the same time encompasses the limit of this innovation. First of all the context of its application was limited solely to “free men”. And this was properly the limit of the Magna Carta highlighted by several provisions, such as art. 1-15-20-27-30. In light of the above, it is appropriate to analyze the other principles of the Magna Carta, starting with the principle enumerated in the provision n.1, that is, the freedom of English church with “its rights undimished” and “its liberties unimpaired”. Besides the other two themes particulary relevant are the taxation and the property. The taxation is analyzed in the provision 12 and it implies direct protection for free citizens from undue (excessive, unsuitable) taxes inasmuch as the provision number 2 provides in particular that “No ‘scutage’ or ‘aid’ may be levied in our kingdom without its general consent ( nisi per commune consilium regni nostri), unless it is for the ransom of our person, to make our eldest son a knight and (once) to marry our eldest daughter. For these purposes ouly a reasonable ‘aid’ may be levied. ‘Aids’ from the city of London are to be treated similiarly”. Then with respect to the property, it is refined, according to provisions numer 4-5-6,the right of all free citizens to own and inherit property; specifically “the guardian of the land of an heir who is under age shall

take from its only reasonable revenues, customary duties, and feudal services. He shall do this without destruction or damage to men or property. If we have given the guardianship of the land to a sheriff, or to any person answerable to us for the revenues, and ho commits destruction or damage, we will exact compensation from him, and the land shall be entrusted to two worthy and prudent men of the same ‘fee’, who shall be answerable to us for the revenues, or to the person to whom we have assigned them. If we have given or sold to anyone the guardianship of such land, and he causes destruction or damage, he shall lose the guardianship of it, and it shall be handed over two worthy and prudent men of the same ‘fee’, who shall be similiarly answerable to us.” Even the provision number 5 states that “ for so long as a guardian has guardianship of such land, he shall mantain the houses, parks, ponds and everything else pertaining to it, from the revenues of the land itself. When the heir comes of age, he shall restore the whole land to him.” Morever, several of the natural rights and legal protection enumerated in both the state declarations of rights and the United States Bill of rights descend from Magna Carta. In fact among the many innovative themes introduced by Magna Carta, the personal guarantees certainly represent a milestone, underlined in provisions n. 39-40, and that are the right of defence, the right of hearing, the right to appeal, the principle of proportionality of the sentence with respect to illegal behavior; in fact the provision n.39 affirms that “ no free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, nor we will proceed with force against him, or send others to do so, except by the lawful judgment of his equals or by the law of the land”. The provision number 20 underlines that “for a trivial offence, a free man shall be fined only in proportion to the degree of his offence”. In addition, by analyzing the cardinal points of magna carta, results enormously meaningful the provision number 45 that states “we will appoint as justices, contables, sheriffs, or other officials, only men that know the law of the realm and are minded to keep it well. “ Then also the theory of representative government has its roots in the Magna Carta; in fact through the provision number 61, we take awareness of the process of evolution that led to our modern parliament which exactly states that “the barons shall elect twenty five of their number to

keep, and cause to be observed with all their might, the peace and liberties granted and confirmed to them by this charter.” Finally, another outstanding theme of the Magna Carta is the “City of London”, expressed in the provision number 13, that solemnly asserts “The city of London shall enjoy all its ancient liberties and free customs, both by land and by water. We also we will and grant that other cities, broroughs, towns and ports shall enjoy all the liberties and free customs”. So before the enactment of the Magna carta, the customs were the applicable law and, that are, behaviours, not written rules, that bind people. But the city of London was a society in which customs used in London remain enforced. therefore, in the light of the topics analyzed, we take awareness that Magna Carta constitutes the deepest root of U.S. Constitution and also the Declaration of independence....