Magna Carta Overview

Magna Carta

• Magna Carta, Latin for "Great Charter," is a 1215 document of English Barons' demands.
• It contained 63 clauses, many addressing complaints about King John's rule.
• Some clauses remain part of modern English law.
• King John was unpopular for excessive spending on wars, high taxes, and perceived weakness.
• Barons' demands, recorded in Magna Carta, limited royal power in several ways.
• They included clauses for return of confiscated property, ensuring justice, preventing forced remarriages of widows, and avoiding punishment without trial.
• Clause on inheritance tax stated a £100 tax on inheritance of Baron's property.
• Magna Carta profoundly influenced development of rights in England, UK, and globally.
• It shaped democratic principles and influenced major legal documents worldwide.
• Historians now view Magna Carta more as a document designed to assert baronial control than to champion commoner rights.
• Magna Carta has been said to have influenced legislation and declarations across the world including the American Bill of Rights and the Universal Declaration of Human rights.

Human Rights

• After World War II, global concern for human rights led to the Universal Declaration of Human Rights (UDHR) in 1948.
• The UDHR, a 30-point document, outlines universal rights for all, regardless of race, gender, or background.
• It isn't legally binding but has profoundly influenced legal systems worldwide.
• The 1998 UK Human Rights Act enshrined European Convention on Human Rights (ECHR) to UK law, ensuring protection and equal treatment under the law.
• The UK government now seeks to replace the Human Rights Act with a British Bill of Rights, potentially weakening certain rights and freedoms potentially allowing politicians to decide when fundamental rights apply.

United Nations

• The United Nations, created after World War II, aims for global security and humanitarian aid.
• The UN Security Council includes five permanent members (UK, USA, France, Russia, China), each with veto power, and 10 non-permanent members.
• Key historical dates related to human rights and the UN include:
  • 1945: End of World War II, UN formation
  • 1948: UDHR drafted
  • 1950: Council of Europe creates ECHR and ECtHR
  • 1998: UK adopts Human Rights Act

Civic Duties and Rights

• Civic duties fulfill obligations in a democracy, although often not explicitly stated.
• Examples include obeying the law, paying taxes, not harming others, reporting crimes, respecting government, voting, serving on a jury, and fulfilling role-specific duties.
• Rights and responsibilities are often intertwined (e.g., right to a safe environment, responsibility for safety rules).
• Conflicts between rights (e.g., free speech vs. avoiding racial discrimination) can arise.
• Some key legal rights are from ECHR, under the Human Rights Act 1998, relating to life, liberty, fair trial, and private life.
• Rights of various groups—employees, consumers, police, etc.—are listed in other legal sources
• Home-school agreements outline rights, responsibilities for parents, students, school.

Age-Related Laws

• Age limits are set and sometimes raised by governments.
• Examples include raising minimum tobacco purchase age from 16 to 18 in 2007, and increasing pet purchase age in 2006.
• Voting age has decreased in the UK over time, with differing rules across regions (16 in Scotland).
• Different age laws are applicable in various categories including, work, accessing certain products, services, driving, and consent to medical/legal actions.

Tribunals

• Tribunals are part of the UK civil system, dealing with disputes like employment, immigration, and mental health.
• They are faster and less formal than civil courts.
• Tribunals are often chaired by judges with lay members, typically three individuals with relevant knowledge.
• Lay members get a small fee, expected to work fifteen days a year.
• Decisions in local tribunals can be appealed to an upper tribunal.

Police Service

• No formal educational requirements are needed for entry to the UK police service.
• Training is mostly on-the-job.

Specific Examples of Rights

• Employment rights
• Consumer rights
• Police rights
• Employee rights
• Employer association rights
• Political rights
• Legal rights
• Moral rights
• Social rights
• Human rights