Constitutional Protections and the Magna Carta

Study Notes

The Importance of Common Law and Due Process in Arrests

The common law, established in Magna Carta, states that no one shall be arrested or imprisoned except by the law of the land.
The common law is made constitutional law by the due process clause.
Despots may disregard the common law and impose their will through corrupt statutes and judicial opinions.
There is a conflict between fundamental law and the will of despots in determining the controlling law regarding arrests.
Anderson's Treatise on the Law of Sheriffs emphasizes the importance of common law in arrests, stating that there can be no arrests without due process of law.
Public officials today do not adhere to the common law principles, finding them restrictive in their pursuit of criminals.
The common law aims to restrict those in government, ensuring that proper procedures are followed and protecting people's rights.
Sir William Blackstone expressed the sentiment that it is better for guilty individuals to go free than for one innocent person to suffer.
Constitutions in this country were written to restrict the actions of those in government, but they are frequently violated by judges, legislators, and police in regards to arrests.
Officials who violate the law of the land are considered lawbreakers.
Subjects living under a monarchy had more liberty because they benefited from the common law principles and maxims that protected life, liberty, and property.
The erosion of common law and due process has led to a decrease in personal liberties in society.

Description

Test your knowledge on the common law and the constitutional protections surrounding arrests and due process. Learn about the historical significance of the Magna Carta and its influence on individual liberty. Challenge your understanding of constitutional law and the potential challenges faced by despotic regimes.