POL S101 Lecture Notes - Lecture 4: Magna Carta, Excessive Bail Clause, Constitutionalism
26 Apr 2019
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Magna carta (the great charter) 1215: first written constitution in europe, clause 39, which states that no free man shall be imprisoned or disseised. [dispossessed] except by the lawful judgment of his peers or by the law of the land. : clause 40 - to no one will we sell, to no one will we deny or delay right or justice (due process) Constitutionalism: belief that government is not the controlling force of society but an instrument within society. In other words, society has a limited state: the constitution stipulates which powers will be exercised by which person or body and which powers are not to be exercised by anyone. A constitution is a set of fundamental rules and principles by which a state is organized. Comprised not only of laws that are enforceable in the courts but also customs, or conventions.
