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Magna carta


            The rule of law at its most minimal level represents the idea that society is better ruled by law, rather than existing in a state of anarchy1. However, to be truly ruled by law, law should be supreme and everyone should be subject to the law including government2. A separation of powers should exist with an independent judiciary, and the law must be promulgated, clear, certain and those who make the law should be democratically elected3. By implication, being subject to law gives every citizen remedies if their rights are infringed4. Generally, the results of the rule of law are taken from judicial decisions determining rights of persons in cases brought before courts and natural rights which have been declared in the Magna Carta and the Bill of Rights5.
             Law in England prior to 1215 varied from region to region. It was a mixture of customary law and territorial laws and was not necessarily written down6. The people of England believed and accepted that the King was born with absolute right to rule from God. They accepted the King could do no wrong and that the King was accountable only to God7. However, by 1215 the people of England demanded more law and a concert of nobles and barons rose up and forced King John to provide a guarantee of certain freedoms8. They wanted law to be written down, referred to, and the power of the King limited with interfering in law making process. It was this demand that set in force the charters of the Magna Carta9. .
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             The Magna Carta consisted of 63 chapters, many concerned matters of feudal law that were important to barons but of little relevance today10. One of the most significant chapters of the Magna Carta is chapter 39 'no free man shall be arrested of imprisoned or disseised or outlawed or exiled or in anyway victimised, neither will we attack him or send anyone to attack him, except by lawful judgement of his peers or by the law of the land'11.


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