A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.[1]
Bills of rights may be entrenched or unentrenched. An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and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.
The constitution of the United Kingdom remains uncodified.[2] However, the Bill of Rights of 1689 is part of UK law. The Human Rights Act 1998 also incorporates the rights contained in the European Convention on Human Rights into UK law. Recent infringements of liberty, democracy and the rule of law have led to demands for a new comprehensive British Bill of Rights upheld by a new independent Supreme Court with the power to nullify government laws and policies violating its terms.[11]
Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states.[12][13] In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was never passed.[14] In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the House of Representatives, but failed to pass the Senate.[14] Former Australian Prime MinisterJohn Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians to unelected judges and bureaucrats.[15][16]Victoria, Queensland and the Australian Capital Territory (ACT) are the only states and territories to have a human rights Act.[17][18][19] However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere.[20]
This applied to all British Colonies of the time, and was later entrenched in the laws of those colonies that became nations—for instance in Australia with the Colonial Laws Validity Act 1865 and reconfirmed by the Statute of Westminster 1931
The Bill of Rights encapsulating Article III regulates duties and responsibilities of the government toward the rights of citizens, while Article XIII is specifically about human rights and social justice
^Sellers, Mortimer N. S.; Sellers, Mortimer N. S. (2014), Haeck, Yves; Brems, Eva (eds.), "Universal Human Rights Law in the United States", Human Rights and Civil Liberties in the 21st Century, Dordrecht: Springer Netherlands, vol. 30, pp. 15–35, doi:10.1007/978-94-007-7599-2_2, ISBN978-94-007-7598-5, retrieved 2021-02-21
^ abRau, Zbigniew; Żurawski vel Grajewski, Przemysław; Tracz-Tryniecki, Marek, eds. (2016). Magna Carta: A Central European Perspective of Our Common Heritage of Freedom. Rutledge. p. xvi. ISBN978-1317278597. Britain in its history proposed many pioneering documents - not only Magna Carta, 1215 but those such as the Provisions of Oxford 1258, the Petition of Right 1628, the Bill of Rights 1689, and the Claim of Right 1689
^"From legal document to public myth: Magna Carta in the 17th century". The British Library. Retrieved 2017-10-16; . The Society of Antiquaries of London. Archived from the original on 2018-09-25. Retrieved 2017-10-16.
^. Bureau of International Information Programs (IIP), U.S. Department of State. Archived from the original on 24 October 2014. Retrieved 30 October 2014. The earliest, and perhaps greatest, victory for liberalism was achieved in England. The rising commercial class that had supported the Tudor monarchy in the 16th century led the revolutionary battle in the 17th and succeeded in establishing the supremacy of Parliament and, eventually, of the House of Commons. What emerged as the distinctive feature of modern constitutionalism was not the insistence on the idea that the king is subject to law (although this concept is an essential attribute of all constitutionalism). This notion was already well established in the Middle Ages. What was distinctive was the establishment of effective means of political control whereby the rule of law might be enforced. Modern constitutionalism was born with the political requirement that representative government depended upon the consent of citizen subjects... However, as can be seen through provisions in the 1689 Bill of Rights, the English Revolution was fought not just to protect the rights of property (in the narrow sense) but to establish those liberties which liberals believed essential to human dignity and moral worth. The "rights of man" enumerated in the English Bill of Rights gradually were proclaimed beyond the boundaries of England, notably in the American Declaration of Independence of 1776 and in the French Declaration of the Rights of Man in 1789.
^Maier, Pauline (1997). American Scripture: Making the Declaration of Independence. New York: Knopf. pp. 126–28. ISBN0-679-45492-6.
^Schwartz, Bernard (1992). The Great Rights of Mankind: A History of the American Bill of Rights. Rowman & Littlefield. pp. 1–2. ISBN9780945612285.
^Conley, Patrick T.; States, U. S. Constitution Council of the Thirteen Original (1992). The Bill of Rights and the States: The Colonial and Revolutionary Origins of American Liberties. Rowman & Littlefield. pp. 13–15. ISBN9780945612292.
^Montoya, Maria; Belmonte, Laura A.; Guarneri, Carl J.; Hackel, Steven; Hartigan-O'Connor, Ellen (2016). Global Americans: A History of the United States. Cengage Learning. p. 116. ISBN9780618833108.
^Liberty, Equality, Fraternity: Exploring the French Revolution. Penn State Press. 2001. ISBN0271040130.
^Hugh Starkey, Professor of Citizenship and Human Rights Education at UCL Institute of Education, London. "Magna Carta and Human rights legislation". British Library. Retrieved 22 November 2016.{{cite web}}: CS1 maint: multiple names: authors list (link)
^Abbott, Lewis F. (2019). Defending Liberty: The Case for a New Bill of Rights. Industrial Systems Research. Retrieved December 4, 2021.
^Suter, Keith (18 July 2008). . Wesley Mission. Archived from the original on 2013-11-10.
^Anderson, Deb (21 September 2010). "Does Australia need a bill of rights?". The Age. Melbourne.
^ ab(PDF). Archived from the original (PDF) on 2014-02-13. Retrieved 2014-10-26.{{cite web}}: CS1 maint: archived copy as title (link)
^"Howard opposes Bill of Rights". PerthNow. The Sunday Times. 2009-08-27. Retrieved 2009-09-14.
^Howard, John (2009-08-27). . The Australian. News Limited. Archived from the original on 2009-08-30. Retrieved 2009-09-14.
^Charter of Human Rights and Responsibilities Act 2008 (Vic).
^"Human Rights Act 2019". legislation.qld.gov.au. Queensland Government. 7 March 2019. Retrieved 4 April 2019.
^Potter v Minahan [1908] HCA 63, (1908) 7 CLR 277, High Court (Australia).
^. Duquesne University. Archived from the original on October 21, 2016. Retrieved December 29, 2016.
^"The Donors Bill of Rights". Association of Fundraising Professionals (AFP). 2022-12-21. Retrieved 2022-12-22.{{cite web}}: CS1 maint: url-status (link)
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This article is about the concept For specific bills of rights see United States Bill of Rights English Bill of Rights and List of bills of rights For other uses see Bill of Rights disambiguation Charter of rights redirects here For the Canadian constitutional charter see Canadian Charter of Rights and Freedoms A bill of rights sometimes called a declaration of rights or a charter of rights is a list of the most important rights to the citizens of a country The purpose is to protect those rights against infringement from public officials and private citizens 1 The Declaration of the Rights of Man and of the Citizen of 1789 is a fundamental document of the French Revolution and in the history of human rights Draft of the United States Bill of Rights also from 1789 Bills of rights may be entrenched or unentrenched An entrenched bill of rights cannot be amended or repealed by a country s legislature through regular 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 Contents 1 History 2 Exceptions in Western democracies 3 List of bills of rights 3 1 General 3 2 Specifically targeted documents 4 See also 5 ReferencesHistory EditThe history of legal charters asserting certain rights for particular groups goes back to the Middle Ages and earlier An example is the Magna Carta an English legal charter agreed between the King and his barons in 1215 2 In the early modern period there was renewed interest in the Magna Carta 3 English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights The Petition of Right 1628 the Habeas Corpus Act 1679 and the Bill of Rights 1689 English Bill of Rights established certain rights in statute In the Thirteen Colonies the English Bill of Rights was one of the influences on the 1776 Virginia Declaration of Rights which in turn influenced the United States Declaration of Independence later that year 4 5 After the Constitution of the United States was adopted in 1789 the United States Bill of Rights was ratified in 1791 The U S Constitution and Bill of Rights were influenced by British constitutional history 6 7 8 Inspired by the Age of Enlightenment the Declaration of the Rights of Man and of the Citizen asserted the universality of rights 9 It was adopted in 1789 by France s National Constituent Assembly during the period of the French Revolution The 20th century saw different groups draw on these earlier documents for influence when drafting the Universal Declaration of Human Rights the European Convention on Human Rights and the United Nations Convention on the Rights of the Child 10 Exceptions in Western democracies EditThe constitution of the United Kingdom remains uncodified 2 However the Bill of Rights of 1689 is part of UK law The Human Rights Act 1998 also incorporates the rights contained in the European Convention on Human Rights into UK law Recent infringements of liberty democracy and the rule of law have led to demands for a new comprehensive British Bill of Rights upheld by a new independent Supreme Court with the power to nullify government laws and policies violating its terms 11 Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens although there is ongoing debate in many of Australia s states 12 13 In 1973 Federal Attorney General Lionel Murphy introduced a human rights Bill into parliament although it was never passed 14 In 1984 Senator Gareth Evans drafted a Bill of Rights but it was never introduced into parliament and in 1985 Senator Lionel Bowen introduced a bill of rights which was passed by the House of Representatives but failed to pass the Senate 14 Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians to unelected judges and bureaucrats 15 16 Victoria Queensland and the Australian Capital Territory ACT are the only states and territories to have a human rights Act 17 18 19 However the principle of legality present in the Australian judicial system seeks to ensure that legislation is interpreted so as not to interfere with basic human rights unless legislation expressly intends to interfere 20 List of bills of rights Edit The Bill of Rights 1689 is an Act of the Parliament of England asserting certain rights General Edit Title Effective Year Realm NotesCharter of Liberties 1100 England Rights of inheritance and marriage amnesty and environmental protectionMagna Carta 1215 England Rights for baronsGreat Charter of Ireland 1216 Ireland Rights for baronsGolden Bull of 1222 1222 Hungary Rights for noblesStatute of Kalisz 1264 Poland Jewish residents rightsCharter of Kortenberg 1312 Brabant Rights for all citizens rich and poor Dusan s Code 1349 SerbiaTwelve Articles 1525 Swabian LeaguePacta conventa 1573 Poland LithuaniaHenrician Articles 1573 Poland LithuaniaPetition of Right 1628 EnglandBill of Rights 1689 Claim of Right Act 1689 1689 England Scotland This applied to all British Colonies of the time and was later entrenched in the laws of those colonies that became nations for instance in Australia with the Colonial Laws Validity Act 1865 and reconfirmed by the Statute of Westminster 1931Virginia Declaration of Rights 1776 United States Virginia June 1776 Preamble to the United States Declaration of Independence July 1776Chapter 1 of the Pennsylvania Constitution 1776 United States Pennsylvania July 1776 21 Declaration of the Rights of Man and of the Citizen 1789 FranceBill of Rights of the United States Constitution 1791 United States Completed in 1789 ratified in 1791Declaration of the Rights of the People 1811 VenezuelaArticle I of the Constitution of Connecticut 1818 United States ConnecticutConstitution of Greece 1822 GreeceHatt i Humayun 1856 Ottoman EmpireArticle I of the Constitution of Texas 1875 United States TexasBasic rights and liberties in Finland 1919 Finland citation needed Articles 13 28 of the Constitution of Italy 1947 ItalyUniversal Declaration of Human Rights 1948 United NationsFundamental rights and duties of citizens in People s Republic of China 1949 People s Republic of ChinaFundamental Rights of Indian citizens 1950 IndiaEuropean Convention on Human Rights 1953 Council of Europe Drafted in 1950Part I of the Constitution of Portugal 1976 PortugalImplied Bill of Rights a theory in Canadian constitutional law 1982 Canada citation needed for the dateCanadian Bill of Rights 1960 CanadaInternational Bill of Human Rights 1976 United NationsQuebec Charter of Human Rights and Freedoms 1976 Canada QuebecCanadian Charter of Rights and Freedoms 1982 CanadaDeclaration of the Basic Duties of ASEAN Peoples and Governments 1983 ASEAN Signed in Manila by the Regional Council on Human Rights in Asia the first to draft a pan Asian declaration of human rightsArticle III and XIII of the Constitution of the Philippines 1987 Philippines The Bill of Rights encapsulating Article III regulates duties and responsibilities of the government toward the rights of citizens while Article XIII is specifically about human rights and social justiceArticle 5 of the Constitution of Brazil 1988 BrazilNew Zealand Bill of Rights Act 1990 New ZealandCharter of Fundamental Rights and Basic Freedoms of the Czech Republic 1991 Czech RepublicHong Kong Bill of Rights Ordinance 1991 Hong KongChapter 2 of the Constitution of South Africa 1996 South Africa Entitled Bill of Rights Human Rights Act 1998 1998 United KingdomHuman Rights Act 2004 2004 Australia Australian Capital TerritoryCharter of Fundamental Rights of the European Union 2005 European UnionVictorian Charter of Human Rights and Responsibilities 2006 Australia VictoriaChapter Four of the Constitution of Zimbabwe 2013 ZimbabweQueensland Human Rights Act 2018 2019 Australia QueenslandSpecifically targeted documents Edit Consumer Bill of Rights Homeless Bill of Rights Taxpayer Bill of Rights Academic Bill of Rights Veterans Bill of Rights G I Bill of Rights better known as the G I Bill Homosexual Bill of Rights drafted by North American Conference of Homophile Organizations Library Bill of Rights published by the American Library Association Environmental Bill of Rights or Agenda 21 Creator s Bill of Rights comic writers and artists Donor s Bill of Rights for philanthropic donors 22 Law Enforcement Officers Bill of Rights California Voter Bill of Rights adaptation of the Voting Rights Act Islamic Bill of Rights for Women in the Mosque New Jersey Anti Bullying Bill of Rights Act Credit Cardholders Bill of Rights contained within the Credit CARD Act of 2009 Sexual Assault Survivors Bill of Rights Sexual Assault Survivors Rights Act See also EditBill of Rights Bill Inalienable rights International Bill of Human Rights International human rights instruments Natural rights Rule of law Second Bill of RightsReferences Edit Sellers Mortimer N S Sellers Mortimer N S 2014 Haeck Yves Brems Eva eds Universal Human Rights Law in the United States Human Rights and Civil Liberties in the 21st Century Dordrecht Springer Netherlands vol 30 pp 15 35 doi 10 1007 978 94 007 7599 2 2 ISBN 978 94 007 7598 5 retrieved 2021 02 21 a b Rau Zbigniew Zurawski vel Grajewski Przemyslaw Tracz Tryniecki Marek eds 2016 Magna Carta A Central European Perspective of Our Common Heritage of Freedom Rutledge p xvi ISBN 978 1317278597 Britain in its history proposed many pioneering documents not only Magna Carta 1215 but those such as the Provisions of Oxford 1258 the Petition of Right 1628 the Bill of Rights 1689 and the Claim of Right 1689 From legal document to public myth Magna Carta in the 17th century The British Library Retrieved 2017 10 16 Magna Carta Magna Carta in the 17th Century The Society of Antiquaries of London Archived from the original on 2018 09 25 Retrieved 2017 10 16 Constitutionalism America amp Beyond Bureau of International Information Programs IIP U S Department of State Archived from the original on 24 October 2014 Retrieved 30 October 2014 The earliest and perhaps greatest victory for liberalism was achieved in England The rising commercial class that had supported the Tudor monarchy in the 16th century led the revolutionary battle in the 17th and succeeded in establishing the supremacy of Parliament and eventually of the House of Commons What emerged as the distinctive feature of modern constitutionalism was not the insistence on the idea that the king is subject to law although this concept is an essential attribute of all constitutionalism This notion was already well established in the Middle Ages What was distinctive was the establishment of effective means of political control whereby the rule of law might be enforced Modern constitutionalism was born with the political requirement that representative government depended upon the consent of citizen subjects However as can be seen through provisions in the 1689 Bill of Rights the English Revolution was fought not just to protect the rights of property in the narrow sense but to establish those liberties which liberals believed essential to human dignity and moral worth The rights of man enumerated in the English Bill of Rights gradually were proclaimed beyond the boundaries of England notably in the American Declaration of Independence of 1776 and in the French Declaration of the Rights of Man in 1789 Maier Pauline 1997 American Scripture Making the Declaration of Independence New York Knopf pp 126 28 ISBN 0 679 45492 6 Schwartz Bernard 1992 The Great Rights of Mankind A History of the American Bill of Rights Rowman amp Littlefield pp 1 2 ISBN 9780945612285 Conley Patrick T States U S Constitution Council of the Thirteen Original 1992 The Bill of Rights and the States The Colonial and Revolutionary Origins of American Liberties Rowman amp Littlefield pp 13 15 ISBN 9780945612292 Montoya Maria Belmonte Laura A Guarneri Carl J Hackel Steven Hartigan O Connor Ellen 2016 Global Americans A History of the United States Cengage Learning p 116 ISBN 9780618833108 Liberty Equality Fraternity Exploring the French Revolution Penn State Press 2001 ISBN 0271040130 Hugh Starkey Professor of Citizenship and Human Rights Education at UCL Institute of Education London Magna Carta and Human rights legislation British Library Retrieved 22 November 2016 a href Template Cite web html title Template Cite web cite web a CS1 maint multiple names authors list link Abbott Lewis F 2019 Defending Liberty The Case for a New Bill of Rights Industrial Systems Research Retrieved December 4 2021 Suter Keith 18 July 2008 Does Australia need a Bill of Rights Wesley Mission Archived from the original on 2013 11 10 Anderson Deb 21 September 2010 Does Australia need a bill of rights The Age Melbourne a b Archived copy PDF Archived from the original PDF on 2014 02 13 Retrieved 2014 10 26 a href Template Cite web html title Template Cite web cite web a CS1 maint archived copy as title link Howard opposes Bill of Rights PerthNow The Sunday Times 2009 08 27 Retrieved 2009 09 14 Howard John 2009 08 27 2009 Menzies Lecture by John Howard full text The Australian News Limited Archived from the original on 2009 08 30 Retrieved 2009 09 14 Charter of Human Rights and Responsibilities Act 2008 Vic Human Rights Act 2004 ACT Human Rights Act 2019 legislation qld gov au Queensland Government 7 March 2019 Retrieved 4 April 2019 Potter v Minahan 1908 HCA 63 1908 7 CLR 277 High Court Australia Constitution of the Commonwealth of Pennsylvania 1776 Duquesne University Archived from the original on October 21 2016 Retrieved December 29 2016 The Donors Bill of Rights Association of Fundraising Professionals AFP 2022 12 21 Retrieved 2022 12 22 a href Template Cite web html title Template Cite web cite web a CS1 maint url status link Wikimedia Commons has media related to Bills of rights Portals Law Politics Liberalism Retrieved from https en wikipedia org w index php title Bill of rights amp oldid 1147090799, wikipedia, wiki, book, books, library,
