13,719
edits
Great Bull of 1811: Difference between revisions
m
→Analysis
m (→Analysis) |
m (→Analysis) |
||
| Line 51: | Line 51: | ||
The Sixth Statement commits [[Urcea]] to the furtherance of the [[Catholic Church]] and provides the Church certain rights against the state. Catholicism had been the official religion of Urcea since its inception, and this statement reiterates and codifies its historic commitment as well as a general obligation of the state to provide for the needs of the Church. The last part of the statement, which states that Urcea "shall endeavor...any other measure necessary", forms the basis of the work of the [[Ministry for the Church in Urcea]], which specifically cites the Sixth Statement as its mission statement. | The Sixth Statement commits [[Urcea]] to the furtherance of the [[Catholic Church]] and provides the Church certain rights against the state. Catholicism had been the official religion of Urcea since its inception, and this statement reiterates and codifies its historic commitment as well as a general obligation of the state to provide for the needs of the Church. The last part of the statement, which states that Urcea "shall endeavor...any other measure necessary", forms the basis of the work of the [[Ministry for the Church in Urcea]], which specifically cites the Sixth Statement as its mission statement. | ||
===Seventh Statement=== | ===Seventh Statement=== | ||
{{quote|THAT the subjects of the Apostolic Kingdom shall, except for treason or heresy, be guaranteed a trial either by jury of their peers or by a Royal judge upon their choice, and that such trial shall be as speedy as possible;}} | |||
The Seventh Statement provides that Urceans are entitled to a {{wp|right to speedy trial}} by a {{wp|jury of their peers}}. Prior to the Great Bull, this was the usual custom within the [[Archduchy of Urceopolis]] but far from uniform practice either in the Archduchy or the Kingdom at large. Especially in times of war or on the [[Urcean frontier]] where judges and arbitrators were scarce, individuals were often not afforded a trial and were directly imprisoned, or if they were given a trial it would take years for such trial to be held. The Statement provides two significant exceptions - treason and heresy - which have been the subject to extensive court proceedings in the last two centuries. Courts have upheld the general applicability of the exception for the charge of treasons specifically, noting that 20th century authorities and jurisdictions very rarely, if ever, issued such a charge. Heresy is a more complex issue; many legal scholars argue the intention was to specifically exempt Protestants from a right to trial, an interpretation that courts have diverged from significantly from 1811. Current legal precedent says that "heresy" herein deals with the specific charge of heresy, which has not been brought forward since the 19th century, and accordingly courts afford Protestants the right to a trial. Legal experts have noted that current precedent around this statement is "most divergent" of any of the Great Bull from its original intention. | |||
===Eighth Statement=== | ===Eighth Statement=== | ||
{{quote|THAT We and our descendants shall never abrogate or otherwise seize the land of a subject of the Kingdom except for treason without compensation or without due process of law, and further that We recognize the fundamental good of ownership and particularly land ownership, and that We and our descendants shall endeavor, on Royal lands, to ensure fair, reasonable, and broad ownership of lands;}} | |||
The Eighth Statement prohibits {{wp|Regulatory takings in the United States|takings}} without compensation or {{wp|due process}}, entitling Urceans to a legal hearing in such cases. The statement goes on to make a generally broad commitment in principle to private property and "fair, reasonable, and broad ownership of lands," language which has been frequently tried in courts without definitive precedent as to its meaning and application. Courts have instead primarily argued that the "fair, reasonable, and broad ownership of lands" is a matter of political decisionmaking as its meaning is not clear within the Great Bull. The second part of the statement remained relatively obscure throughout the 20th century, but was revived as a key part of [[Wittonian Socialism]]'s land policy in the late 20th and early 21st century, resulting in current [[Housing in Urcea|land and housing practices]]. | |||
===Ninth Statement=== | ===Ninth Statement=== | ||
{{quote|THAT the subjects of the Apostolic Kingdom shall have a new tax or taxes imposed on them only by consent of a common council of the people; and}} | |||
The Ninth Statement prevents the people of [[Urcea]] from being taxed without the consent of a council representing them. This statement is a basic reiteration of the historic constitutional role of the [[Concilium Daoni]], which had served as the only body which could authorize a tax since the medieval period. Within its historic context, many members of the Daoni and public were concerned that the [[Apostolic King of Urcea]] might institute new taxes during the emergency of the [[Second Caroline War]] while the Daoni was in recess. This statement, most scholars agree, was an effort by Niall to express the Crown's commitment to the Daoni's historic rights. | |||
==Legacy== | ==Legacy== | ||