The concept of Rule of Law is the cornerstone of the proper functioning of the judicial system in any modern democratic society. It is a basic concept of defined rights and liberties to all persons, which offers protection from arbitrary prosecution and incarceration. This principle was firstly stipulated by the instrument of Magna Carta and it is considered as a key principle for good governance in any modern democratic society. The development of the rule of law principle is personified through the independence of the Judiciary as a third branch of government. The contemporary democratic societies are faced with many challenges upon which in order to protect their values of the democratic system, often limit the rights and liberties of persons. It is the role of the courts and the judicial system to stop these injustices and protect the individual from any form of liberty deprivation and rights limitations. Before the promulgation of the Magna Carta in 1215, the rule of law was perceived as a divine justice, distributed solely by the monarch or the king or in this case - King John of England. Magna Carta doesn't have iconic status only in the British Society, which is perceived as an instrument with special constitutional status and cited by many judges, lawyers and politicians, but in any modern democratic states as well. The author in this article examines the development of the concept of Rule of Law in the modern democratic societies under the influence of the Magna Carta, and how it is perceived as a guarantee of fair trial and trial by jury of any persecuted persons whether the severity of their crimes.
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H.R.2048 - USA FREEDOM Act of 2015 https://www.congress.gov/bill/114th-congress/house-bill/2048/text
USA PATRIOT and Terrorism Prevention Reauthorization Act of 2005 (U.S. H.R. 3199 Public Law 100-117)
Mariner Joanne (October 9 2006). “The Military Commissions Act of 2006: A Short Primer” http://writ.news.findlaw.com/mariner/20061009.html
Opinion of Supreme Court in Boumediene v. Bush US (2008) http://www.supremecourt.gov/opinions/07pdf/06-1195.pdf
Opinion of the Supreme Court in Hamdan v. Rumsfeldhttp://www.supremecourt.gov/opinions/05pdf/05-184.pdf
CRS Report for Congress Received through the CRS Web Detainees at Guantanamo Bay (2005) Jennifer K. Elsea Legislative Attorney American Law Division http://www.fas.org/sgp/crs/natsec/RS22173.pdf
Detention of Enemy Combatants Act (Introduced in House) 109th CONGRESS 1st Session H. R. 1076 March 3 2005 http://thomas.loc.gov/cgi-bin/query/z?c109:H.R.1076.IH:
United States Depratment of Defense – Dictionary (2015) http://www.dtic.mil/doctrine/new_pubs/jp1_02.pdf
AR 190-8 Enemy Prisoners of War Retained Personnel Civilian Internees and Other Detainees http://ssitoday.armylive.dodlive.mil/ar-190-8-enemy-prisoners-of-war-retained-personnel-civilian-internees-and-other-detainees/
Convention (III) relative to the Treatment of Prisoners of War. Geneva 12 August 1949 https://www.icrc.org/applic/ihl/ihl.nsf/7c4d08d9b287a42141256739003e636b/6fef854a3517b75ac125641e004a9e68
Geneva Convention (IV) relative to the Protection of Civilian Persons in Time of War. Geneva 12 August 1949 https://www.icrc.org/ihl/INTRO/380
Department of Defence Guantanamo Detainee Processes 2 (June 9 2006) http://www.defenselink.mil/news/Sep2005/d20050908process.pdf
Department of Justice United Code of Military Justice 64 Stat. 109 10 U.S.C. §§ 801–946 https://www.law.cornell.edu/uscode/text/10/subtitle-A/part-II/chapter-47
Unclassified Summary of Basis for Tribunal Decision at NOV00091 http://www.dod.mil/pubs/foi/detainees/CSRT_JTF_GTMO_documents.pdf