The Rule of Law forCitizenship Education

MAGNA CARTA RESOURCE PACK

Devised and written by:Xiao Hui Eng and Lawrence McNamara

Layout and illustrations:Cai Jia Eng

Multimedia:Sam Mejias

© Bingham Centre for the Rule of Law, 2015

Suggested citation: XH Eng, L McNamara, The Rule of Law for Citizenship Education: Magna Carta Resource Pack, Bingham Centre for the Rule of Law, London, October 2015

ISBN: 978-1-905221-61-5

Project website: http://www.biicl.org/bingham-centre/schools

The Bingham Centre for the Rule of Law is grateful for the assistance it has received from:The Magna Carta 800th Trust who provided funding for the project.

The Bingham Centre for the Rule of Law is devoted to the study and promotion of the rule of law in the UK and around the world. The Centre’s focus is on considering the challenges the rule of law faces; providing an intellectual framework within which it can operate; and fashioning the practical tools to support it. The Bingham Centre was launched in 2010. Its Director is Professor Sir Jeffrey Jowell QC, KCMG. It is part of the British Institute for International and Comparative Law (BIICL) which is an independent research institute established in 1958 and a registered charity.

These materials have been produced with the kind support of the Magna Carta 800th Trust

The Rule of Law for Citizenship Education

MAGNA CARTA RESOURCE PACK

Magna Carta and the Rule of Law – Resource Pack

This introduction explains: o these resources ena le teachers to teach a lesson on a na arta and the ule o a hat the lessons and resources contain includin :

o esson apo aterials or teachers ith lossaro aterials or studentso o er oint slideso ulti edia resources

1. About the resources: Magna Carta and the Rule of Law

This resource on a na arta is intended or use in iti enship classes or e ta es and t has een produced a ainst the ac drop o the th anni ersar o a na arta

a na arta is re ar a le ecause pro isions in the ori inal docu ent and later ersions set out so e unda ental alues that are the oundation or an o the principles that e still stri e to ards toda in the ustice s ste These include or exa ple so e er road principles that students and teachers a alread ha e co e across in one or another such as innocent e ore pro en uilt and no od is a o e the la This resource explores these and other endurin principles underpinnin our ustice s ste and their rele ance toda to odern da societ course uch o the historic docu ent is no lon er rele ant to odern da li e or exa ple the parts re errin to the ri hts o the arons o the da and to societal nor s and s ste s that no lon er exist and the resource does not

exa ine these aspects o the docu ent

This resource can e used as either: a standalone lesson ithout an other resources

or an additional co ponent to the in ha entre s resources or a six lesson e ta e

citi enship course on the ustice s ste or ore in or ation on usin the in ha entre s ree resources on the ustice s ste please contact schools in ha centre iicl or or isit our e site at http: in ha centre iicl or schools

2. About the Bingham Centre’s resources on the justice system and the rule of law

ur ider pro ect responds to the o ern ent re ie o the citi enship curriculu hich resulted in a stron er ocus on understandin la and de ocrac ainst this ac drop e ha e created aterials that uide students throu h topical curriculu rele ant issues here de ocrac ustice and indi idual ri hts arise in contexts such as i i ration cri inal ustice di ersit at or ri ht to a air trial access to ustice e ualit e ore the la and the a use o po er ur aterials o e a a ro teachin onl the procedural ele ents o the la and hat the la is to ards teachin the core alues and concepts that underlie our ustice s ste

The aterials ha e also een desi ned to de elop students unctional s ills and personal learnin and thin in s ills in line ith the roader national curriculu or e ta e and e ta e The lessons pro o e thou ht enerate discussion de elop critical thin in s ills and in ite students to or opinions and co unicate their points o ie to others The encoura e independent en uir tea or e ecti e participation creati e thin in and re ecti e learnin

are that an teachers teachin iti enship do not ha e a le al ac round e ai to pro ide co prehensi e uidance and support to teachers in order that the eel co orta le ith deli erin the aterials and eel a le to lead discussions con dentl To that end all acti ities co e ith structured uidance or teachers on ho to introduce le al concepts detailed ac round in or ation or teachers ritten rule o la experts to enhance oth teacher and student understandin and supple entar

audio isual aterials that rin le al expertise directl into the classroo

ra in on the le al expertise o the in ha entre or ule o a our aterials deli er rule o la principles throu h accessi le and interestin exa ples and acti ities The encoura e students to criti ue and appl these principles to e er da li e and to issues that are rele ant to theor ore in or ation on usin the in ha entre s ree resources on the ustice s ste please

contact schools in ha centre iicl or or isit our e site at http: in ha centre iicl or schools

3. Finding your way around the resource pack

3.1 The resource pac pro ides all the in or ation needed or teachers to deli er a lesson on a na arta and the ule o a t is a aila le ree o char e: as a printed oo let ith an acco pan in as a do nload on the in ha entre s e site at in ha centre iicl or schools a nacarta

3.2 The resource pac contains:

3.2.1 ap o the lessonThis is an o er ie o the aterials or eas re erence and contains in or ation at a lance on the concepts s ills and acti ities that are tau ht

3.2.2 Teachers aterials

These contain in or ation on ho to teach a lesson on a na arta and the rule o la

The aterials contain:

Guidance on how each lesson contributes to the developing students’ functional skills and Personal Learning and Thinking Skills (PLTS) as outlined in the ider national curriculu Suggested starter and plenary activities Copies of the student printouts and activities hich can e photocopied or students Instructions and guidance on how to use each activity Background information for the teacher on each teaching point, topic and activity hich

is ai ed at teachers ithout a le al ac round to de elop their understandin and con dence in le al concepts Guidance on timing o the lesson Glossary hich contains de nitions on e le al ter s and concepts used in the aterials t

is intended to e used as an eas re erence tool or teachers and students hen re uired

3.2.3 Student materials

The student or sheets and hand outs are clearl ar ed ithin the teachin aterials or sheets and hand outs a e printed out the teacher as rele ant to each lesson

The teachers aterials contain instructions on ho to use each set o student aterials ac round in or ation or the teacher on the student acti ities and topics co ered and uidance a out hich acti ities are optional

3.2.4 PowerPoint presentation

o er oint presentation is a aila le on the and is or optional use in class t has een desi ned speci call to e used ith the resource pac t is intended to e used as a isual aid to acco pan the lesson to co ple ent and enhance lesson deli er ut is not inte ral to the lessons t can e adapted teachers to suit the needs o their students here er a o er oint slide is a aila le to acco pan a teachin point or acti it in the lesson the rele ant section o the

teachers aterials ill e ar ed ith a red P

3.2.5 Audio slideshow for use in the lesson

n audio slidesho has een created or cti it to enhance student en a e ent and can e ound on the acco pan in acilities across classroo s ar as do the teachin

st les learnin st les and the s ills o students The slidesho can there ore e used on an optional asis teachers and the text o the slidesho has een produced on student or sheets as an

alternati e to the slidesho

4. Using the resource pack

4.1 Identifying different types of activities

or ease o identi cation all co ponents in the aterials ha e een ar ed ith a di erent identi in icon as in the e elo :

4.2 Instructions for teachers

n the teachers aterials eneath the student acti ities there are sections la elled nstructions or teachers These sections contain su estions on ho to present and or anise acti ities to students and uidance on the ai o the acti it

4.3 Background for teachers

n the teachers aterials eneath the student acti ities there are sections la elled ac round or teachers

tudent aterials

Teachers instructions

Teachers ac round

Teacher led introduction/discussion

ulti edia acti it

The in or ation contained in these ac round sections is intended to pro ide in or ation or teachers ithout a le al ac round on e concepts to ensure the eel a iliar co orta le and con dent ith

presentin the student aterials and ans erin uestions students a ha e

eadin these sections ill enhance the teacher s understandin o the e concepts and it is reco ended that the are read e ore presentin the lessons o e er it is not essential that teachers read all the ac round in or ation These sections are intended to pro ide re erence and ac round t is not intended that teachers present all this in or ation to the class

The ootnotes contain re erences to le al sources and aterials The are included or the teacher s re erence and or co pleteness ut it is not necessar to read all the ootnotes in order to understand the principles

4.4 Estimated times for teaching points and activities

ext to the nstructions or teachers or each teachin point or acti it there is an esti ated ti e These ti es ill ar considera l dependin on the interests no led e and s ills o the students as ell as ho the teachin points and acti ities are presented and used Teachers a ish to ta e esti ated ti es into consideration hen plannin their lessons

4.5 Teacher-led introductions to topics

script has een pro ided at the e innin o the lesson in or teachers to use to present the e concepts and principles contained in the lesson This script can either e read paraphrased or adapted dependin on the chosen teachin st le and ac round no led e o the teachers

4.6 Student activities

The student acti ities and printouts are contained ithin the hard cop o teachers aterials to e photocopied and are a aila le ithin the teachers aterials as a le on the The are also a aila le to do nload ro the in ha entre s e site as a separate oo let

nstructions on ho to use the acti ities and ac round in or ation can e ound a ter the student aterials in each set o teachin aterials here the aterials lead into hole class discussions or hole class eed ac sessions the ha e een included in the o er oint presentations as a isual aid

4.7 Plenary and evaluation

The lesson has a plenar acti it at the end t is intended to allo the teacher to assess i the students ha e rasped the e concepts and ho uch the ha e learnt in each lesson The plenar section is intended to:a e a tool to assist teachers and classes in e aluatin the success o the aterials in the classroo

contri ute to ards the onitorin and e aluation o the in ha entre s resources so that e can e responsi e and adapt our approach accordin l

t is not intended to assess student or teacher a ilit

For enquiries and to access further free resources contact:

iao ui n in ha entre or the ule o a in ha centre iicl or /schools x en in ha centre iicl or or schools in ha centre iicl or

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Magna Carta and a Historical Context

for the Rule of Law

PLTS: ndependent en uirers creati e thin ers

FUNCTIONAL SKILLS: ntroduction to or in ith le al docu ents usin ac uired no led e to thin independentl expressin ideas accuratel orall and in ritin e aluatin priorities speed readin and s i readin

OBJECTIVES: tudents ill understand the principles o the a na arta that our odern da ustice s ste still upholds toda tudents ill learn to appl a na arta principles to rele ant

situations tudents ill consider and discuss hat their o n priorities are or

societ and ill consider the points o ie o other students

OUTCOMES: tudents ill e a le to identi the unda ental principles esta lished the a na arta and e a le to descri e their place in our ustice s ste

toda tudents ill e a le to express their o n ie s on hat the consider

to e unda ental alues o our societ and ustice s ste toda

KEYWORDS:a na arta e ualit li ert airness ustice hu an ri hts

Lesson Plan

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To prepare or an exploration o the a na arta here historical roots o so e o the principles e odied in our ustice s ste can e ound ou a ish to as students to do so e research on the a na arta and its i portance or odernda ustice principles tudents should e prepared to i e a er short presentation at the e innin o the lesson on their ndin s as a starter acti it

Optional homework activity to be completed before the lesson – Instructions for Teachers

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7.1 Introduction: Magna Carta and a Historical Context for the Rule of Law

Either:

Magna Carta and its relevance today;

Or:Read or paraphrase the following:

The Magna Carta is recognised as containing some of the most important foundations

It is a foundation for some of the most fundamental principles of the rule of law: that

Pla the ideo ntroduction to the a na arta on the

n this ideo the historical context leadin up to the a na arta is explained as ell as ho di erent ersions o a na arta ca e a out The ideo rie explores the e ideas in a na arta and hat sur i es toda in our odern ustice s ste

7.1.1 STARTER ACTIVITY: Video on how the Magna Carta came about (5 minutes)

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MAIN ACTIVITIES

7.2.1 Activity 1: Magna Carta and Modern Day Justice Principles – Printouts for Students

Carta. Think about what the clauses mean. Ask your teacher if there is anything that you don’t understand.

Next, watch the audio slideshow which follows Bardolph, a medieval peasant, and his encounter with the justice system and rights under the Magna Carta.

Using the principles that you have just looked at in the clauses of the Magna Carta, discuss in groups, which rights Bardolph has been denied. You will then have an opportunity to share your answers as a class and your teacher will lead a discussion on the clauses as a foundation for some of the principles in our modern day justice system.

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proportion to the degree of his offence, and for a serious offence correspondingly, but not so heavily as to deprive him of his livelihood. In the same way, a merchant shall be spared his merchandise, and a villein [a peasant] the implements of his husbandry [cultivation of crops and animals], if they fall upon

except by the assessment on oath of reputable men of the neighbourhood.

proportion to the gravity of their offence.

orders shall be assessed upon the same principles, without

unsupported statement, without producing credible witnesses to the truth of it.

(39) No free man shall be seized or imprisoned, or stripped of his rights or possessions, or outlawed or exiled, or deprived of his standing in any other way, nor will we proceed with force against him, or send others to do so, except by the lawful judgement of his equals or by the law of the land. (Still in effect today)

(40) To no one will we sell, to no one deny or delay right or justice. (Still in effect today.)

(45) We will appoint as justices, constables, sheriffs, or other

to keep it well.

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Bardolph is a medieval peasant who rears animals and works on the land owned by his feudal lord Theobald. Theobald gives Bardolph the right to use the land and take the harvest from it, and in return, Bardolph is obliged to pay Theobald

to support his family.

7.2.1 Activity 1: Magna Carta and Modern Day Justice Principles – Printouts for Students

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In the past two years, Theobald has been raising the fees that he collects from

Bardolph, accusing him of petty offences such as leaving building doors unlocked on his land, and saying that things had gone missing as result. Last year, Theobald

as making Bardolph give him all the hay he had made that summer, which meant that Bardolph had nothing to feed his animals.

Bardolph is very unhappy with all this but has so far complied with Theobald’s demands. However, this year, after a particularly bad harvest, made worse by the fact that he had to sell most of his animals because he had nothing to feed

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Theobald says nothing, but the next day, Bardolph is arrested by the local constables.

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He is brought before the county Justice (judge) and accused of poaching rabbits from Theobald’s forests the previous day. This is a serious offence for which he could receive very harsh punishments and possibly even be hanged. Bardolph protests his innocence before the county Justice saying that apart from the

family when the sun set.

that he’d gone home directly when the sun went down. Then, he changes his mind, and tells Bardolph that he will allow the testimonies if Bardolph pays an ‘administration fee.’ Bardolph is both unwilling and unable to pay the fee.

What rights does Bardolph have under the 1215 version of the Magna Carta?

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e ind students rie o the ac round i en in the ideo that there ere se eral ersions o the a na arta The clauses sho n a o e are extracts ro the earliest ersion There ere se eral later ersions and so e o these earliest clauses ere reproduced in later ersions hile others ere not

s students to ha e an initial loo at the clauses o the ersion o the a na arta reproduced a o e and to consider hat the ean e ore ta in the class

throu h the lan ua e o the text hich is explained elo in the ac round or Teachers

nce the students ha e rasped the eanin o the clauses pla the audio slidesho on the a na arta ollo in hich ou can lead a discussion on the clauses and their rele ance to aspects o the odern da ustice s ste tudents can share their ideas in roups

7.2.2 Activity 1: Magna Carta and Fundamental Concepts – Instructions for Teachers (20 minutes)

7.2.3 Activity 1: Magna Carta and Fundamental Concepts – Background for Teachers

The point o the exercise is to introduce to students so e o the oundations o our odern da ustice s ste and the principles that are e to a ood to ustice s ste

o e o the ore ad anced students particularl those ho ha e used pre ious lesson aterial a olunteer the lin s et een the a na arta pro isions and

odern da principles o e ualit airness li ert and ustice as re ected in aspects o our ustice s ste

Throu hout this ac round or teachers ou ill see re erences to the pre ious lessons on the ustice s ste or the ease o those ho ha e used the pre ious course o e er i ou ha e not used the pre ious course ou ill not e at a disad anta e ecause the issues are explained here

The principles ound in the a na arta and hich still exist toda in our ustice s ste are in

The i plications or ardolph the character su erin in ustices in our exercise is outlined at the end o each section

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or a tri ial o ence a ree an shall e ned onl in proportion to the de ree o his o ence and or a serious o ence correspondin l ut not so hea il as to depri e hi o his li elihood n the sa e a a erchant shall e spared his erchandise and a illein a peasant the i ple ents o his hus andr culti ation o crops and ani als i the all upon the

erc o a ro al court one o these nes shall e i posed except the assess ent on oath o reputa le en o the nei h ourhood

arls and arons shall e ned onl their e uals and in proportion to the ra it o their o ence

ne i posed upon the la propert o a cler in hol orders shall e assessed upon the sa e principles ithout re erence to the alue o

his ecclesiastical ene ce re enue attached to the ecclesiastical o ce

P Clauses 20 to 22 esta lish t o principles part of clause 20 and in clauses 21 and 22 is that:

A penalty for restricting a particular act should be proportionate to the harm caused by the offence committed. Put a di erent a people should not receive punishments that are disproportionate to their wrongdoing.

These clauses per it nes to e i posed on indi iduals as penalties or o ences onl in proportion to the se erit o the o ence co itted that indi idual hate er occupation he has and not to the extent that he ill e depri ed o his li elihood

a exists in order to aintain order in a societ to protect those ithin that societ and to resol e disputes as discussed in lesson ost ould a ree that a penalt or rea in the la is necessar to deter uture ad eha iour o e er this penalt ust e proportionate other ise there is an undue restriction o personal li ert ost ould consider or exa ple a penalt o li e i prison ent or stealin an apple to e disproportionate This idea o proportionalit still exists n our odern ustice s ste sentencin uidelines exist to support this principle so that o ences carr di erent ran es o penalties dependin on their se erit

The clauses speci call protect people ro ein depri ed o their li elihoods hich ould e a disproportionatel harsh sentence e en or a serious o ence

The second principle set out in the second part of clause 20 is that:

A penalty cannot be imposed on someone without a fair assessment of the situation by fair and independent adjudicators.

The clause does not per it nes to e i posed except the assess ent on oath o reputa le en o the nei h ourhood introducin the rudi ents o one o the ele ents o air trial The idea here is that t ould e un air or exa ple i people could e punished ithout ha in the real stor o hat happened unco ered or

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ha in the ull picture ta en into account ou a ish to point out to students that clause hich speci es that earls and arons shall e ned onl their e uals does not support the concept o air trial t is li el to e the case that people ein assessed solel others o their o n socio econo ic status are ore li el to ain a our ith the This is not a alue that our ustice s ste see s to re ect toda

What about Bardolph?

lause should protect ardolph ro ein ned here there has een no assess ent reputa le en o the nei h ourhood ithout such an assess ent it is not clear that ardolph is uilt o hat he has een accused en supposin that ardolph has co itted the o ences he has een accused o lause speci call protects illeins onded peasants li e ardolph ro ein depri ed o his li elihood hich is too harsh a sentence ardolph has een denied his ri ht to a air trial and proportionate sentence

n uture no o cial shall place a an on trial upon his o n unsupported state ent ithout producin credi le itnesses to the truth o it

P Clause 38 establishes the principle that:

from being accused of an offence without evidence.

This principle is re ected in our ustice s ste toda n the a person ill not e rou ht to trial unless the ro n Prosecution er ice is satis ed that there

is enou h e idence to pro ide a realistic prospect o con iction o a suspect A person charged with a criminal offence is innocent until proven guilty and cannot

includin itness accounts as ell as other e idence

What about Bardolph?

ardolph has een rou ht e ore the count ustice to e tried ithout an supportin e idence or the o ences he is supposed to ha e co itted is ri hts under clause there ore appear to ha e een in rin ed

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o ree an shall e sei ed or i prisoned or stripped o his ri hts or possessions or outla ed or exiled or depri ed o his standin in an other a nor ill e proceed ith orce a ainst hi or send others to do so except the la ul ud e ent o his e uals or the la o the land till in e ect toda

P Clause 39 establishes the principle that:

Individuals may only be deprived of their liberty in certain circumstances prescribed by law and in a manner provided by law.

t protects ree en ro ha in so e o their ost i portant ri hts and li erties ro ein ar itraril re o ed includin their ph sical li ert n edie al n land the eudal s ste distin uished et een ree en ho ere ree to o e around and ta e up di erent o s as the pleased and ser s ho ere onded to their eudal lords and o ed the a dut o alle iance

The principle a o e applies in its ost literal sense to the depri ation o ph sical li ert i e ein detained If an individual is detained wrongfully, he/she may challenge that detention before a judge who will make a decision on the legality of that detention. This principle o ha eas corpus eanin in atin ou a ha e the od in the a na arta enshrined pre existin co on la a eas corpus has een applied or in an di erent circu stances here detention o an indi idual as alle ed to e ille al xa ples here this has een in o ed success ull in

courts to secure the release o an indi idual in courts include cases o dela in extradition 6 and has e en een in o ed in courts here an indi idual as ein detained the o ern ent o another countr the here it could e

sho n that the had so e control o er the indi idual s release a eas corpus has also een in o ed in a nu er o cases in ol in terror suspects ein held at

uantana o a

o e er readin urther into the de nition o personal li ert the restriction on depri ation o li ert also applies to the li ert that indi iduals are depri ed o in a ore eneral sense hen an sort o penalt is i posed The e ect o the restriction is that he may not be punished for it. nother a o puttin this is that indi iduals ha e an a solute ri ht not to e punished ithout the o ence and the penalt ein speci ed in la This is urther de eloped other i portant principles that ere explored in lesson e esta lished in lesson that in order or ou to no ho to eha e in order not to rea the la there ust e certaint and clarit in the la t ust e clear hat ou are and are not allo ed to do

The phrase la ul ud ent o his e uals descri es the s ste o trial ur that existed in edie al ti es and hich still exists in odern or toda or serious cri es hat is re uired in order or so eone to recei e a la ul ud e ent has een de eloped to a reat de ree Toda this is addressed air trial principles that

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are internationall reco nised Without having a fair trial, individuals may not be found guilty of an offence. n a cri inal trial air trial re uire ents include the

his defence, being able to understand the proceedings and the case being made against him, the case and judgement being open to the scrutiny of the public, the judge being impartial and deciding the case based on the law, and the defendant being innocent until proven guilty.

The essence o clause o the ersion o the a na arta sur i ed the later iterations o the docu ent and is one o the e pro isions still re ainin in orce toda

What about Bardolph?

ou a ish to point out that the ter ree en ould see to exclude peasants li e ardolph ho are in onded la our ut that the essence o this ri ht has een reproduced in later la s to include all people n odern ritish societ the eudal concept o onded la our no lon er exists o course and all people are ree in that sense and entitled to this ri ht

To no one ill e sell to no one den or dela ri ht or ustice till in e ect toda

P Clause 40 esta lishes a nu er o principles

Justice is not a commodity that may be sold.

This relates to an i portant principle co ered in lesson that access to the ustice s ste ust e a aila le to e er one and not erel those ho can pa or it ther ise this ould lead to one s ste and outco e or the rich and another or the poor This clause also pro ides the oundation or a related principle that everyone, regardless of socio-economic status, has a right to justice, whether in a civil or a criminal dispute. n the there exists a s ste o le al aid hich is the pro ision o nancial aid the o ern ent to und le al ad ice and representation in court or those ho cannot pa or it This allo s those ho don t ha e the

eans to pa or ad ice and representation to e a le to access the ustice s ste and to o tain a ust outco e

The second principle in Clause 40 is that:

Justice must be dispensed swiftly.

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The essence o clause o the ersion o the a na arta sur i ed the later iterations o the docu ent and is one o the e pro isions still re ainin in orce toda

What about Bardolph?

The act that ardolph has een as ed to pa an ad inistrati e ee in order to rin ital e idence to his cri inal case is contrar to the idea that ustice is so ethin

that e er one is entitled to and is not to e sold ardolph should ha e the ri ht to ustice hether or not he can pa the ee

e ill appoint as ustices consta les sheri s or other o cials onl en that no the la o the real and are inded to eep it ell

P Clause 45 esta lishes the principle that:

Judges must not only have the relevant knowledge of the law, but he/she should base his/her decisions on the relevant law in order for a just outcome to be achieved.

This principle pro ides the oundation or one o the ele ents o air trial explored in lesson e exa ined the role o ud es as decision a ers in the outco e o trials or the person ad isin those ho ill a e the decision and the characteristics that ud es need in order to per or their role in such a a that ade people con dent that ustice as ein done

ou a ish to point out to students that this clause as not reproduced in later ersions o the a na arta ut that the principle is certainl one that still stands

toda and is or exa ple unda ental to the appoint ents processes or udicial o cers

What about Bardolph?

n ortunatel or ardolph it ould appear ro the circu stances outlined that the ustice is either una are o the la or is not inded to eep to it

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7.3.1 Activity 2: Your Magna Carta – Printouts for Students

sin the ori inal a na arta as a startin point tr to dra up our o n a na arta or docu ent that la s out in e points hat ou consider to e the

unda ental principles o our societ Thin a out hat ou ould include as the ost i portant ele ents or ha in a societ here people ha e their li erties

sa e uarded e uall and airl and are con dent o ha in ustice done here there are disputes

ou can use so e o the e ords and ter s elo as a startin point or de elopin our ideas or co e up ith our o n

Equality and equal rights Equal opportunities

Equality before the law Justice Access to the justice system

No ‘special treatment’ for some people without good reason

Resolving disputes fairly Representation in court

Fairness, objectiveness and impartiality in the justice system

Human rights Fundamental rights Liberty

Freedom of expression Freedom of information

Freedom of thought Right to life Prohibition of torture Prohibition of slavery Freedom of religion Right to food and water Right to housing

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plit students up into roups o our or e and as the to co e up ith e pro isions that the ould include in their ersion o a conte porar a na

arta et students no that the should e prepared to discuss h the ould include certain ele ents in their ersions o the a na arta

ncoura e students to consider hat sort o societ the ould li e to li e in and ou a ish to pro pt students explainin that in order to ha e an e ual

and air societ here people ha e their li erties sa e uarded and here ustice is done the need to consider oth the content o the la that uarantees people s ri hts and the s ste that needs to e in place in order to a e sure that the la is en orced

The ox ith ord pro pts a i e students so e ideas on here to start and recalls concepts that ere explored in pre ious lessons The are ust a startin point and do not an eans represent e er thin that could e in students dra ts

our class has not used the pre ious aterials on the ustice s ste dependin on student a ilit ou a ish to i e the extra help ela oratin on concepts as pro ided in the teacher ac round elo e ore the dra t their o n ersions o the a na arta

7.3.2 Activity 2: Your Magna Carta – Instructions for teachers (20 minutes)

The point o the exercise is to encoura e students to thin a out hat a ood ustice s ste loo s li e a s ste that uarantees indi idual ri hts and li erties in a air and e ual a and a es ustice accessi le to all

7.3.3 Activity 2: Your Magna Carta – Background for teachers

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‘special treatment’ for some without good reason – this was addressed in lesson 2.

The eneral principle is that e ould expect to e treated e uall hen it co es to asic ri hts that e are entitled to in la or exa ple education healthcare or ein a le to ha e ustice done in a dispute t also eans ein e uall accounta le e ore the la i e ha in the sa e responsi ilities e ore the la and ein

su ect to the sa e penalties n su ar this eans that e should not e treated di erentl hether in ter s o ene tin ro the la or ein accounta le under the la on the asis o di erent characteristics that e a ha e such as ein rich or poor our ethnicit our elie s and so on

o e er in order to achie e e ualit people a need to e treated di erentl People in a ea er position a need extra help in order to e a le to ha e an e ual opportunit to ene t or to e su ect to a le el o responsi ilit under the la that is appropriate or the or exa ple due to their lo er capacit to understand than adults children a need ore help than adults to understand le al proceedin s ue to ha in less aturit and ud ent than an adult a child has a lo er le el o responsi ilit under the la and in ost circu stances ill recei e a ore lenient sentence

To su arise hen e spea o e ualit e do not necessaril ean that e er one should ha e exactl the sa e outco e ut rather that people should ha e startin points that are as si ilar as possi le or exa ple e cannot uarantee that all children ill do e uall ell at school ut i in extra help to those ho need it e i e children ho ha e additional needs the opportunit to ene t ro education on a ore si ilar ootin to other children

Justice, Access to the justice system, Representation in court, Fair trial, Resolving disputes fairly, Independent judges, Fairness, objectiveness and impartiality in the justice system – this was addressed in lesson 4.

or our ri hts to exist in a real and en orcea le a a s ste ust e in place to dispense ustice in the e ent o a dispute hether ci il or cri inal ou ha e een

ron l depri ed o an o our ri hts or ha e een ron l accused o rea in the la there ust e so e a o challen in this There ust e so e a o ha in the ri ht that ou are entitled to put in place and so e a o ensurin that e idence hich a esta lish our innocence is rou ht out and considered those ho are decidin hether ou are uilt or innocent The a in hich this happens in this countr is usuall throu h the trial s ste in courts and tri unals There ore in order or indi iduals to e a le to a e sure that the et their ri hts the ha e to e a le to access the court s ste and ore idel the ustice s ste

hen the eel that their ri hts ha e een in rin ed

n order to ha e access to the ustice s ste indi iduals need a air trial and independent ud es to hear their cases The also need le al ad ice and representation in court

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Human rights, Fundamental rights, Liberty, Freedom of expression, Freedom of information, Freedom of thought, Right to life, Prohibition of torture, Freedom of religion, Right to food and water, Right to housing – this was addressed in lesson 5.

u an ri hts are ri hts that e er od possesses irtue o ein hu an and hich e er person needs in order to li e happil healthil and ith di nit o e

exa ples o ri hts ha e een listed in the e ords pro pt ox ut there are an ore that are enshrined in do estic hu an ri hts la the u an i hts ct and in international la particularl the hu an ri hts treaties 6 and

re ional hu an ri hts con entions

elo is a student ersion o the ni ersal eclaration o u an i hts hich co ers the ri hts that are enerall accepted ost countries in the orld ou

a ish to use it as a uide to tease di erent ri hts out o students e ond the sa ple that ha e een included in the e ords ox as pro pts

rticle er one is ree and e ual in di nit and ri hts

rticle er one is e ual despite di erences in s in colour sex reli ion or lan ua e or exa ple

rticle er one has the ri ht to li e and to li e in reedo and sa et

rticle o od has the ri ht to treat ou as a sla e and nor should ou a e an one our sla e

rticle o od has the ri ht to hurt ou or to torture ou

rticle 6 er one has the ri ht to e treated e uall the la

rticle The la is the sa e or e er one and it should e applied in the sa e a to all

rticle er one has the ri ht to as or le al help hen their ri hts are not respected

rticle o od has the ri ht to i prison ou un ustl or expel ou ro our o n countr

rticle er one has the ri ht to a air and pu lic trial

rticle er one should e considered innocent until uilt is pro ed

rticle o od a inter ere ith our pri ate and a il li e ithout a ood reason

rticle er one has the ri ht to tra el as the ish

rticle er one has the ri ht to o to another countr and as or protection i the are ein persecuted or are in dan er o ein persecuted

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rticle er one has the ri ht to elon to a countr o one has the ri ht to pre ent ou ro elon in to another countr i ou ish to

rticle 6 er one has the ri ht to arr and ha e a a il

rticle er one has the ri ht to o n propert and possessions

rticle er one has the ri ht to practise and o ser e all aspects o their o n reli ion and chan e their reli ion i the ant to

rticle er one has the ri ht to sa hat the thin and to i e and recei e in or ation

rticle er one has the ri ht to ta e part in eetin s and to oin associations in a peace ul a

rticle er one has the ri ht to help choose and ta e part in the o ern ent o their countr

rticle er one has the ri ht to social securit and to opportunities to de elop their s ills

rticle er one has the ri ht to or or a air a e in a sa e en iron ent and to oin a trade union

rticle er one has the ri ht to rest and leisure

rticle er one has the ri ht to an ade uate standard o li in and edical help i the are ill

rticle 6 er one has the ri ht to o to school

rticle er one has the ri ht to share in their co unit s cultural li e

rticle er one ust respect the social order that is necessar or all these ri hts to e a aila le

rticle er one ust respect the ri hts o others the co unit and pu lic propert

rticle o od a ta e an o the ri hts in this declaration a a ro ou

tudents a ha e di erent opinions on hether so e ri hts are ore i portant than others and so e a choose to include so e ri hts and not others into their ersions o the a na arta This is ne and allo s an opportunit or students

to explain ho the ha e prioritised and h the eel so e ri hts are ore i portant than others There are no ri ht or ron ans ers and ri hts are o ten inter connected or exa ple the ri ht to education ill a ect a person s a ilit later on to exercise his or her ri ht to or

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a na arta contains se eral o the unda ental concepts that underlie our ustice s ste toda t the root o all these principles ithin the ustice s ste lie the alues o e ualit airness li ert and ustice xa ples o these alues ein re ected in aspects o the ustice s ste include so e o the principles discussed a o e in cti it a na arta and odern a ustice Principles such as air trial no punish ent except accordin to the la and ein innocent until pro en uilt The re ection o these alues in the la itsel and in the achiner that

dispenses ustice a es a ood and air ustice s ste

Ta en alto ether these principles a in up a ood ustice s ste are a re ection o a concept that e call the rule o la The rule o la at its si plest eans that it is the la rather than ar itrariness or indi idual hi o those in po er that re ulates our eha iour in societ and o erns our ri hts and responsi ilities and that e er one ust o e the la hate er their status or position

a na arta as an earl docu entation o so e o the principles underl in our ustice s ste toda lthou h the la and the ustice s ste ha e e ol ed since edie al ti es to ser e the needs o odern societ a na arta still holds an i portant place in the oundations o our odern ustice s ste

s the students the ollo in uestions:

hat as the point o a na arta

hat are so e o the concepts in a na arta that still sur i e in toda s ustice s ste

7.4.1 Plenary

7.2.3 Plenary – Background for Teachers

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ootnotes:

n odern ti es it is the o ern ent that carries out the unctions o the state on the ro n s ehal rather than the onarch hi sel /hersel lthou h in the the onarch cannot personall e prosecuted or ci il or cri inal o ences under the ro n Proceedin s ct le al action can e co enced an indi idual or co pan a ainst the o ern ent here it has acted unla ull in carr in out state unctions

rt 6 o the u an i hts ct n the deter ination o his ci il ri hts and o li ations or o an cri inal char e a ainst hi e er one is entitled to a air and pu lic hearin ithin a reasona le ti e an independent and i partial tri unal esta lished la

nder the ode or ro n Prosecutors s pro ided or rt 6 o chedule o the u an i hts ct

rt o the u an i hts ct pro ides the onl circu stances under hich a person a e arrested or detained or exa ple or exa ple a ter con iction or in order to rin hi e ore court

here there is a reasona le suspicion that he has co itted an o ence t also states that an depri ation o li ert ust e in accordance ith a procedure prescri ed la

6 Neteczca v Governor of Holloway Prison

Rahmatullah v Secretary of State for Foreign and Commonwealth Affairs and another 6 or exa ple in the case o Hamdan v. Rumsfeld, 6 a rit o ha eas corpus as

success ull led to challen e the detention o a dan the o ern ent at uantana o a pendin trial at a ilitar co ission on the asis that the o ission as ille al under oth

ni or ode o ilitar ustice and the ene a on ention

rt o the u an i hts ct pro ides that no one shall e held uilt o an cri inal o ence on account o an act or o ission hich did not constitute a cri inal o ence under national or international la at the ti e hen it as co itted

rt o the u an i hts ct pro ides that no one shall e held uilt o an cri inal o ence on account o an act or o ission hich did not constitute a cri inal o ence under national or international la at the ti e hen it as co itted or shall a hea ier penalt e i posed than the one that as applica le at the ti e the cri inal o ence as co itted

lause o the a na arta hich is still in orce sa s o ree an shall e ta en or i prisoned or e disseised o his reehold or i erties or ree usto s or e outla ed or exiled or an other ise destro ed nor ill e not pass upon hi nor conde n hi ut la ul ud ent o his Peers or the a o the and e ill sell to no an e ill not den or de er to an an either ustice or i ht

or exa ple in the ix tatutes passed Parlia ent in the rei n o d ard de elopin the ori inal a na arta pro isions the re erence in is to no an o hate er estate or condition he e

rt 6 o the u an i hts ct pro ides that n the deter ination o his ci il ri hts and o li ations or o an cri inal char e a ainst hi e er one is entitled to a air and pu lic hearin ithin a reasona le ti e an independent and i partial tri unal esta lished la

ee ootnote

http:// le islation o u /u p a/ / /schedule/

6 http:// ohchror / /Pro essional nterest/Pa es/ ore nstru ents aspx

http:// ohchror / / ssues/ /Pa es/ e ional Treaties aspx

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Magna Carta and the Rule of Law - Glossary

Civil dispute - a dispute in ol in the le al ri hts and o li ations et een indi iduals co panies o ern ents or anisations and other non state parties n ci il disputes one part ta es le al

action a ainst or sues another part reach o contract or in ur caused ne li ence are exa ples o ci il le al atters

Criminal law - the la o ernin ron s that are punisha le as cri es n cri inal atters the state prosecutes indi iduals in courts The t and urder are exa ples o cri es

Conviction - ein ound uilt o a cri e

Crown Prosecution Service – the authorit that represents the state in prosecutin cri es

Fair trial - air proceedin s in a ci il or cri inal trial

Habeas Corpus - le al principle that allo s those ho are detained to challen e the le alit o their detention

Human rights - ri hts that e er od possesses irtue o ein hu an and hich e er person needs in order to li e happil healthil and ith di nit

Human Rights Act - the ain piece o la on hu an ri hts protection t as enacted in and i es e ect in the to the uropean on ention on u an i hts

Jury - a roup o i partial e ers o the pu lic ho are called on to decide in court hether or not a person accused o a cri e is uilt The process in ol es the ur hearin e idence and ein directed the ud e on hat the la is

Justice system - the institution and processes throu h hich cri inal and ci il cases are decided here penalties are i posed on ron doers and in ured parties a e co pensated

Legal aid - le al ad ice and representation in court paid or the state here a person cannot a ord to pa or a la er

Offence - a ron doin in la

Sentence - penalt i posed the court on the ron doer

Proportionate sentence – sentence that is in proportion to the seriousness o the cri e or ci il ron co itted

Trial - proceedin s in court to decide the outco e o a ci il or cri inal case

Universal Declaration of Human Rights - a declaration ade the countries o the orld throu h the ra e or o the nited ations a ter the econd orld ar proclai in a co on standard o ri hts that all hu an ein s in the orld are entitled to irtue o ein hu an