QUESTION
Week 1 con law
Discuss the following in 300 words
1.The Magna Carta focused on the relationship between the Crown and the aristocracy (there was little, if any, attention paid to the "public" for many years). The prime importance of the Magna Carta is that everyone, including the King, is subject to law (under the Divine Right of Kings precept, Kings considered themselves to be above the law).
Which elements of our Constitution can you trace to the Magna Carta?
Likewise, what elements of the 1689 English Bill of Rights are found in our Constitution?
(see attachment)
Discuss the following in 300 words
2. What are the functions of a Constitution? How does an "unwritten" constitution differ from a written constitution? What are the characteristics and content of the British Constitution? What is a constitutional system? What is constitutionalism? What is its central purpose? (see attachment)
Discuss the following in 300 words
3. Lessons 1 through 4 deal with worldview. Do you agree or disagree (in whole or in part) with the material? Please do not take the easy route of just agreeing with it. Surely you have read or thought about the world differently than this. Criticize it biblically or logically under the premise that "iron sharpens iron." Explain your reasoning. (see attachment)
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| Subject | History | 7 | Style | APA |
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Answer
American History
Question 1
Various elements in the current U.S. Constitution trace back to the principles and laws of the Magna Carta. These include freedom of religion, freedom of the press, the ban of unreasonable bail and punishments to a jury hearing, and security from property loss, opportunity, or lives without a proper legislation process (Mukri, Aji & Yunus, 2017). Some of the common laws in the U.S. Constitution that are similar to the Magna Carta principles include religion, tax, and trial. Likewise, the church's freedom is included in the 1st Amendment of the U.S Constitution, emphasizing that all citizens are entitled to freedom of religion.
Another law in the U.S Constitution that is similar to the Magna Carter’s involves the right to fair trials. According to Lock (2018), both documents (Magna Carter Principles and the U.S Constitution) constitute the right to proper process, leading to jury hearing in the U.S. In the Magna Carta, it is also ensured that everyone has the freedom to a just hearing.
Another aspect common in the Magna Carta and the U.S Constitution principles is the laws of levying. The Magna Carta forbids the king from levying taxes and alternatively specifies the parliament for that obligation. This is similar to the U.S Constitution, given that Congress, in place of the parliament, levies taxes instead of the President. Another similarity between Magna Carta and the U.S. is that they both include the right to appropriate fines (Mukri et al., 2017). Regardless of the fact they both state that penalties are related to the degree of offense, they emphasize that citizens should not be heavily fined. According to Lock (2018), the Bill of Rights 1689 and the U.S Constitution forbids excessive bail and severe an unprecedented penalty. Likewise, brutal, fierce, or degrading treatment or punishment is outlawed under Article 5 of the Universal Declaration of Human Rights and Article 3 of the European Convention of Human Rights.
Question 2
A Constitution is described as a body of theoretical principles or organized patterns according to which a nation is acknowledged to be administered. A Constitution's function is to provide the legal ground from which a nation's laws are created. The Constitution also spells out the powers of government and its relationship to the governed. Moreover, it spells out the rights and obligations of all citizens. There are two types of Constitutions; unwritten constitutions and written constitutions. According to Mukri et al. (2017), a written Constitution is found in judicial documents established accurately in the form of laws. On the other hand, the unwritten Constitution incorporates the government's policies that have never been confirmed as rules. Written Constitution is precise, definite, and systematic, while unwritten is the exact opposite (Lock, 2018). Written Constitution is a result of the mindful and intended efforts of the citizens. On the other hand, an unwritten Constitution is not a consequence of the citizen's voluntary actions.
The U.K Constitution's main features are flexibility, uncodified, traditionally unitary but currently debatable union state, monarchical, parliamentary, and founded on a fundamental constitutional system (Lock, 2018). The existence of the Constitution describes a constitution system. Thus, a constitutional system can be defined as a legitimate instrument or a collection of established principles or norms customarily acknowledged as the policy's fundamental law, which efficiently regulates governmental power exercise. Constitutionalism is described as an idea, often linked with the political theories of John Locke and the founder of the American republic (Mukri et al., 2017). Constitutionalism entails that a government can and should be lawfully limited in its powers and that its legitimacy or authority relies on it observing these limitations. Constitutionalism's primary purpose is to determine governmental power, monitor and direct individuals who hold public office and political power.
Question 3
I agree (in whole) with the material due to various reasons. For instance, there are indeed three spheres of authority which all are under God. These include family, the church, and the government. God has granted each sphere significant responsibilities that have not provided the other two. For instance, according to Genesis 1: 26-26, God has provided the family an opportunity and responsibility of procreation, health, provision, nurture, education, and spiritual instruction. The head of the family is the parents. The head of the matrimony is the husband. Thus, the government and the church do not have this control.
God has granted the church the opportunity to practice doctrine and governance (Mathew 16:18). According to the Bible, Christ is the head of the church. Christ assigns the leadership of the church to deacons and elders (1 Timothy 3). The government and the family do not have that jurisdiction. Lastly, God has granted the government the role and ministry of protection, economic order, public order, justice, and defense (Exodus 18). When governments operate in submission to God, they will operate under the guidelines of the Ten Commandments. Churches and families do not have jurisdiction over the government. However, all these spheres, church, government, and family, are under God's authority.
References
Lock, A. (2018). Reform, radicalism, and revolution: Magna Carta in eighteenth-and nineteenth-century Britain. Magna Carta: History, Context, and Influence. London: The University of London, School of Advanced Studies, Institute of Historical Research, 101-116. https://www.jstor.org/stable/pdf/j.ctv5136sc.14.pdf
Mukri, S. G., Aji, A. M., & Yunus, N. R. (2017). Relation of Religion, Economy, and Constitution In The Structure of State Life. STAATSRECHT: Indonesian Constitutional Law Journal, 1(1). http://journal.uinjkt.ac.id/index.php/staatsrech/article/view/13342