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The Magna Carta and Bill of Rights: A step Foward


The Magna Carta achieved a consultative government whereby parliament, comprised only of the socially elite, acted as an advisory body for the executive, the Monarch. This deliberately excluded any political rights for the peasants, to the benefit of the aristocracy whom now held influence to direct issues such as taxation (s12). In 1414, it was decreed that no new law could be made without the assent of parliament. .
             The judicial system also became independent, and was no longer reliant on the whim of the monarch at that time (ss17,45). Fair criminal procedure was introduced (ss38, 39), a system that included consistency in sentencing (ss20, 21) and the concept of equal access to justice (ss40).
             The fundamental components of the Magna Carta remained. The separation of powers doctrine was recognized as a necessity for rule of law and the concept that even the executive was subject to the law was enforced thus beginning the evolution of modern democracy and, furthermore, the rule of law in Britain. The arbitrary power wielded by the monarch had been removed and, despite the exclusive benefits provided to the aristocracy, the Magna Carta had effectively instituted a system of law that enforced feudal customs. .
             However, the achievements of the Magna Carta were breached when James I attempted to involve himself in the courts, and again when Charles I dispensed with parliament completely. Despite the courts attempts to maintain separation between the King, Parliament and the courts evidenced through the Case of Prohibitions del Roy and the Case of Proclamations, increasing pressure on the courts led to the invention of "prerogative" powers of the King. These powers would act to supersede the provisions of the Magna Carta that called for independence, consistency and fairness in the judicial system and the separation of the executive in legislative matters, ultimately undermining the ideological purpose of the Magna Carta.


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