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A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement by the government. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689.

An entrenched bill of rights exists as a separate instrument that falls outside of the normal jurisdiction of a country's legislative body. In many governments, an official legal bill of rights recognized in principle holds more authority than the legislative bodies alone. A bill of rights, on the other hand, may be weakened by subsequent acts passed by government, and they do not need an approval by vote to alter it.

An unentrenched bill of rights exists as a separate act that is presented by a legislative body. As such it can be changed or repealed by the body that created it. It is not as permanent as a constitutional bill of rights.

In other jurisdictions, the definition of rights may be statutory. In other words, it may be repealed just like any other law, and does not necessarily have greater weight than other laws. Not every jurisdiction enforces the protection of the rights articulated in its bill of rights.

Australia is the only Western country with neither a constitutional nor legislative bill of rights, although there is ongoing debate in many of Australia's states. Former Australian Prime Minister John Howard has argued against a bills of rights for Australia as transferring power from elected politicians to unelected judges and bureaucrats.[1][2] Victoria and the Australian Capital Territory (ACT) are the only regions of the nation's states to have a human rights bill.

Contents

Important bills of rights

See also

References

  1. ^ "Howard opposes Bill of Rights". PerthNow (The Sunday Times). 2009-08-27. http://www.news.com.au/perthnow/story/0,21598,25987870-5005361,00.html. Retrieved 2009-09-14. 
  2. ^ Howard, John (2009-08-27). "2009 Menzies Lecture by John Howard (full text)". The Australian (News Limited). http://www.theaustralian.news.com.au/story/0,25197,25985594-5013871,00.html. Retrieved 2009-09-14. 

External links

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A Bill of Rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement by the government. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or unentrenched. An entrenched bill of rights cannot be modified or repealed by a country's legislature through normal procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution and therefore subject to special procedures applicable to constitutional amendments. An unentrenched bill of rights is a normal statute law and as such can be modified or repealed by the legislature at will. In practice, not every jurisdiction enforces the protection of the rights articulated in its bill of rights.

Australia is the only Western country with neither a constitutional nor legislative bill of rights, although there is ongoing debate in many of Australia's states. Former Australian Prime Minister John Howard has argued against a bills of rights for Australia as transferring power from elected politicians to unelected judges and bureaucrats.[1][2] Victoria and the Australian Capital Territory (ACT) are the only regions of the nation's states to have a human rights bill.

Contents

List of bills of rights

See also

References

  1. ^ "Howard opposes Bill of Rights". PerthNow (The Sunday Times). 2009-08-27. http://www.news.com.au/perthnow/story/0,21598,25987870-5005361,00.html. Retrieved 2009-09-14. 
  2. ^ Howard, John (2009-08-27). "2009 Menzies Lecture by John Howard (full text)". The Australian (News Limited). http://www.theaustralian.news.com.au/story/0,25197,25985594-5013871,00.html. Retrieved 2009-09-14. 

External links


Study guide

Up to date as of January 14, 2010
(Redirected to Bill of Rights article)

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There are 27 amendments to the Constitution of the United States of America. The first ten amendments are called the Bill of Rights.

Contents

1st Amendment

There are five parts to this amendment.

  1. Freedom of Religion. The government cannot establish an official religion. This means no one can be forced to attend or support with taxes any religious institution.
  2. Freedom of Speech. Anyone has a right to say what they think.

Exceptions:

  • Obsenity. Shouting swear words in public.
  • Defamation. Lying about someone.
  • Cause violence.
  • Does not meet public safety.
  • Talking about national secrets.

Words about particular race/religion in public.

3. Freedom of the Press. The government cannot control the media.

4. Freedom of Assembly. Anyone can assemble any peaceful demonstration?

5. Freedom of Petition.

2nd Amendment

  • The Right to Bear Arms. Anyone can own guns to protect themselves.

3rd Amendment

  • Right Not to Quarter Soldiers. Soldiers are not allowed to enter your home.

4th Amendment

  • Freedom from unreasonable search and seizure. The police do not have the right to search a house without a search warrant from a judge.

5th Amendment

  • Due Process of law.

6th Amendment

  • Right to a speedy trial.

7th Amendment

  • Right to trial by jury.

8th Amendment

  • No cruel or unusual punishment.

9th Amendment

Constitutional rights do not deny other rights.

10th Amendment

State's Rights.


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Source material

Up to date as of January 22, 2010
(Redirected to United States Bill of Rights article)

From Wikisource

Bill of Rights by United States Congress
Ratified in 1791 (Still in use, though article the first was never ratified, and article the second was not ratified until 1992.)
Drafted 8 June – 25 September 1789; Signed 28 September 1789; Articles three through twelve ratified 15 December 1791; Article two ratified 5 May 1992.
The United States Bill of Rights

In the United States, the Bill of Rights is the term for the first ten amendments to the United States Constitution. These amendments explicitly limit the Federal government's powers, protecting the rights of the people by preventing Congress from abridging freedom of speech, freedom of the press, freedom of assembly, freedom of religious worship, and the right to bear arms, preventing unreasonable search and seizure, cruel and unusual punishment, and self-incrimination, and guaranteeing due process of law and a speedy public trial with an impartial jury. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not specifically granted to the Federal government to the citizenry or States. These amendments came into effect on December 15, 1791, when ratified by three-fourths of the States.
The Bill of Rights is the third of the three Charters of Freedom along with the Declaration of Independence and the Constitution.

Wikipedia logo Wikipedia has more on:
United States Bill of Rights.
The Declaration of Independence | The Articles of Confederation | The Constitution | The Bill of Rights | Other Amendments | Unsuccessful Amendments
Congress OF THE United States,

begun and held at the City of New-York, on

Wednesday the fourth of March, one thousand seven hundred and eighty nine.


                                                   THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added; And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.

                                                   RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three-fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.

                                                   ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.

Article the first. .... After the first enumeration required by the first article of the Constitution, there shall be one Representative for every 30,000 until the number shall amount to 100, after which the proportion shall be so regulated by Congress, that there shall be not less than 100 Representatives, nor less than one Representative for every 40,000 persons, until the number of Representatives shall amount to 200; after which the proportion shall be so regulated by Congress, that there shall not be less than 200 Representatives, nor more than one Representative for every 50,000 persons.

Article the second ... No law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened.

Article the third ...... Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

Article the fourth..... A well regulated Militia, being necessary to the security of a free state, the right of the people to keep and bear arms, shall not be infringed.

Article the fifth ....... No soldier shall, in time of peace be quartered in any house, without the consent of the owner, nor in time of war, but in a manner to be prescribed by law.

Article the sixth ...... The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.

Article the seventh .. No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.

Article the eighth ... In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.

Article the ninth .. In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

Article the tenth ..... Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.

Article the eleventh .... The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Article the twelfth ... The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.”

ATTEST,

Frederick Augustus Muhlenberg  Speaker of the House of Representatives
John Adams, Vice-President of the United States, and President of the Senate.

John Beckley, Clerk of the House of Representatives.
Sam A. Otis, Secretary of the Senate.

PD-icon.svg This work is in the public domain in the United States because it is a work of the United States federal government (see 17 U.S.C. 105).

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