Magna Carta
The Magna Carta, also known as the 'Great Charter ' was a significant and influential document sealed by the King of England, King John in 1215. This year marks the 800th anniversary celebration since the Magna Carta was signed in Runnymede, Surrey on June 15, 1215. This essay will discuss the historical background of the Magna Carta. It will also discuss the modifications made over time, focusing on the most significant years of the Manga Carta. Most importantly what relevance the Magna Carta has with the current legal system in Australia, more specifically the 'Rule of Law '.
During 1914, a year before the official sealing of the Magna Carta, King John was still in reign. A group of barons in England rebelled against him. King Johns political and military failures caused a significant tax increase which were strongly disagreed upon by the barons and the people of Britain (Magna Carta
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The Magna Carta has influenced countries world wide, including Australia and our Australian Constitution. The Magna Carta today is the fundamental basis of our rights. Nobody, no matter their race, religion, gender, or rank in society is above the law, everyone will receive the same punishment in regards to any crime made. Today Victoria, Queensland, New South Wales, and the Australian Capital Territory is legislated to take in chapter 29 of the Magna Carta. Whereas, Western Australia, South Australia, Tasmania and the Northern Territory all use the remaining 3 clauses within the Magna Carta (What is the Magna Carta? - THE MAGNA CARTA COMMITTEE, no date).
The Magna Carta has lived for over 800 years. From what started out as a simple set of complaints to King John from the barons into and international symbol of liberty, this document has given us rights. No one is ever above the law and everyone is equal in the eyes of the law. Without the Magna Carta we might not have the rights we so much value today (The British Library, 2015).
Written by Jacinta
The act applied a tax on all paper used for official documents, which caused a conflict between Britain and the colonies over the Parliament’s right to tax. Newspapers, pamphlets, court documents, licenses, wills, and ships’ cargo lists required a stamp to prove that the tax has been paid. ”Unlike the Sugar Act, which regulated trade, the Stamp Act was designed plainly and simply to raise money” (141). A huge majority of the people were affected by this act, especially professions in the business and legal communities that used official documents.
The Mabo decision of the high court in 1992 is vastly significant as it marks history as the victory of indigenous Australian land rights against the federal government, who had colonised their land and refused to acknowledge that Australia was originally owned by the ATSI people but became a terra nullius land due to the European colonists. The events that have occurred before 1992 such as the The Aboriginal Land Rights Act (NT) of 1976 and the bark petition is deemed less significant than the Mabo decision. I firmly believe that the Mabo case is an extraordinary achievement. it started in 1982 when Eddie Mabo brought up a case against the supreme court of Queensland that Indigenous Australians should have land rights. After almost a whole
The Magna Carta, signed in 1215, mainly secured liberties for England’s elite classes, but it has helped the fundamental principles of common law in constitutions around the world. The Magna Carta's influence on the constitution allowed specific rights from it be included in the US Constitution's Bill of Rights. An example of this would be the similarities between the Magna Carta's thirty ninth clause and the Bill of Rights seventh and fifth amendment. “No free man shall be seized or imprisoned … except by the lawful judgement of his equals or by the law of the land” (Magna Carta, clause 39).This clause refers to the guarantee that courts will
Different viewpoints and interpretations of historic occurrences affect the opinions that are created in the future. However, those interpretations could be modified by the personal beliefs or background that an individual has. Therefore, it is important to view a moment in history from different texts and viewpoints, to compare them and analyze their similarities to get a good idea of what really happened and what was added/forged throughout the years. When analyzing a historic event such as the Stamp Act, it is ideal to get opposing works to analyze the ideas of the different sides. In his work, “The Colonial Virginia Press and the Stamp Act”, Roger P. Mellen entails British accounts for why they thought the tax would work and the motivation
Perhaps the most important and famous document of all time is the Magna Carta. It was the first document to establish that every man is entitled to justice and a fair trial and that even the monarch was obliged to obey the law of the land (Breay and Harrison, 2016). The extortionate taxing of barons and his people was the beginning of a revolution against King to deprive him of his absolute power. The barons (who were punished severely if they refused to pay) demanded that John obey the law. When the king refused, they retaliated (Breay and Harrison, 2016).
His activism and leadership in the land rights movement helped to bring about important changes in Australian law and society, and his legacy continues to inspire Indigenous people around the world. One of Mabo's most significant contributions was his role in the landmark Mabo v Queensland case, which was decided by the High Court of Australia in 1992. This case overturned the legalism of terra nullius, which had been used to justify the dispossession of Indigenous peoples' lands by European colonizers. The court recognized that Indigenous peoples had a pre-existing system of land ownership and that this system had not been extinguished by British colonization. This decision paved the way for the recognition of Indigenous land rights in Australia and helped to establish a legal framework for the negotiation of land rights agreements between Indigenous peoples and the Australian government.
Before that, it was simply a collection of 6 British colonies. They partly self-governed but they were under the law-making power of the British Parliament. Many people had wanted Australia to maintain the British heritage which means only white people can be allowed into Australia, creating the ‘White Policy’. Because of this, non-Australians could not help in the war, no matter how much they wanted to.
As stated in the handout given in class, “The referendum provided a vehicle for change by empowering the Commonwealth to protectionism and assimilation.” Before the referendum, the States of Australia made laws which discriminated against and denied basic human rights such as being free to live where they wish, having access to education, receiving the same wages as non-Aboriginal people, etc. to Aboriginal people. The referendum did not guarantee such change — For the first five years after the referendum the Australian Government did not make any significant changes, as the referendum did not actually give the government full responsibility to make positive changes for Aboriginal people, it simply “opened the door for Australian Government involvement” as put by the Australian Constitution and 1967 Referendum Fact Sheet. The ongoing political commitment would be the only way to make sure the changes stayed in place; Something that fell short 50 years
But in 1430 the Gutenberg press was invented and in 1508 the Magna Carta was first printed allowing for its ideas to be widespread. Its ideas were being heard across the nation and influenced the people to also question the king. At the time people then started to refer to Magna Carta whenever SOMETHING came up. The Magna Carta states that “no one is above the law”. Due process of law meant no free man could be deprived of life, liberty, or property” without legal measurements and the king could not take property or taxes without the consent of the law(?).
I believe one of the most significant referendums in Australia that was carried, is the 1967 Referendum to include Aboriginal people within Section 51 and 127 of the Constitution. Prior to the 1st of January 1901, the Australian Constitution took effect and the Commonwealth of Australia was formed. Under the laws of the Australian Government, Aboriginal and Torres Strait Islander peoples were not included as citizens. Instead they were treated as foreigners in their own land. On the 27th of May 1967, a Federal referendum was held to determine whether two references in the Australian Constitution, which discriminated against Aboriginal people, should be altered or entirely removed.
Not only the war had a massive effect on the Indigenous in Australia, The war was a huge boom to the Australian economy and as it turned out another massive factor. As many Australian fundamental products were purchased as could be produced, and secondary, subsidiary industries manufactured many ‘modern’ items for the services. Many men and women retired and fled their careers to accompany the armed forces leading to a ‘deficit’ of labour. New commerce and businesses need to have been created to fund the troops with combat weapons, uniforms and ammunition. Scarce goods needed to be controlled by the Australian Government in enhancing better buying and selling and in ensuring that everyone received a fair share.
An Australian Republic is about us — not the Queen, not Prince Charles or the world economy. We should do it now, without delay. As Nelson Mandela once said, “ For to be free is not merely to cast off one 's chains, but to live in a way that respects and enhances the freedom of others.” Until we break our last Constitutional links to the mother country, our nationhood is incomplete. Now after just over 115 years of Federation, Australia must finally join the world of nations as a full equal, unshackled to any other nation.
For Ben Hall a young man, the evolving and progressive society of Australia presented an opportunity for the adventurous to have ago and to build a solid foundation for the future without the social judgments that long been a handicap for those of limited means and wherein some sections of Australian society there still retained the structured aristocracy of the old country where title and inherited wealth determined a path of diversity for those that were termed privileged, this, of course, excluded Ben Hall. It was for those in Australia with courage and determination that the land could offer them that same opportunity of position in the new aristocracy of the colony which was being forged out of the criminals of England who had been bound down by iron chains and where the land for those ex-convicts presented a new wealth for men marked long ago and sent to this penal land for crimes that were so petty that in a modern Australia or England would not ever see the courthouse let alone seven to fourteen years incarcerated with severe physical punishment.
Though the Magna Carta was signed in June 19,1215, its crucial principles on the concepts and backstory is what makes it an important document that affects our government today. The people of England were faced with extremely high taxes as a result of many
As the world grew more populated, to many Australians it seemed that Great Britain was both a physically long way and also very different to Australia. The Australia of pre World War II was now very different to the Australia colonised by the British so many years earlier. In 1919, Australia had, for the very first time, been considered a fully self-governing nation and was asked independently of Great Britain to be a part of the Treaty of Versailles (Carrodus, Delany and McArthur, 2012). Prior to this, Britain was responsible for all political agreements for Australia (Museum of Australian Democracy).