set of prescriptions setting forth the fundamental civil and political rights of the individual.
bill of rights
imposes limitations on the powers of government as a means of securing the enjoyment of those rights.
Bill of Rights
designed to preserve the ideas of liberty, equality and security “against the assaults of opportunism, the expediency of the passing hour, tge erosion of small enroachments, and the scorn and derision of those who have no patience with general principles.
Any governmentalaction in violation of the Bill of Rights is?
Void
It is not meant to be invoked against acts of private individuals, but a protection against the state?
Bill of Rights
Bill of Rights - declaration and enumeration of a person’s rights and privileges which the constitution is designated to protect against violations by the government or by an individual or groups of individuals
Importance of Bill of Rights:
Protectcitizens from government
Outline what citizenscan and cannotdo
Acts as boundary between the government and the people
Rights and privileges of individuals are defined.
Classes of Rights:
Natural Rights
Constitutional Rights
Statutory Rights
Natural Rights
possessed by every citizen without being granted by the state
conferred upon by God
Examples of Natural Rights:
right to life
right to love
Constitutional Rights
conferred and protected by the constitution
found in the Bill of Rights
Statutory Rights
provided by laws promulgated by the law making body and consequently may be abolished by the same body
In the law, but not in the constitution
Example of Statutory Laws:
right to minimum wage
Classification of Constitutional Rights:
Political Rights
Civil Rights
Social and Economic Rights
Rights of the Accused
Political Rights
rights of citizens to participate directly or indirectly in the establishment or administration of the government (Art.IV & V)
Political Rights
right of the citizen to participate in the political process and procedural fairness such as the rights of the accused and to legal remedy.
Examples of Political Rights:
Rights of Citizenship (Article IV)
Right to information on matters of the public concern (Section 7)
Civil Rights
law will enforce at the instance of private individuals for the purpose of securing to them the enjoyment of their means of happiness.
What is one example of a civil right related to due process?
Rights to due process and equal protection of the laws (Section 1)
What does Section 18[2] protect against?
Involuntary servitude
What does Section 20 address regarding imprisonment?
Imprisonment for non-payment of debt or poll tax
Which sections outline the constitutional rights of the accused?
Sections11 to 22
What are social economic rights?
Rights that protect individuals from government and private organization infringement
What does Section 5 guarantee?
Religious freedom
What does Section 6 pertain to?
Liberty of abode and changing the same
What does Section 10 protect against?
Impairment of obligation of a contract
What freedoms are included under freedom of speech?
Freedom of speech, expression, the press, assembly, and petition
What right is guaranteed in Sections 4?
The right to form associations
Social and Economic Rights - ensured the well-being and economic security of an individual
Social and Economic Rights:
Right to property (Section 1)
Right to just compensation for private property taken for public use (Section 9)
articles dealing with the promotion of social justice (Article XIII),
the conservation and utilization of natural resources (Article XII, Section 2),
the promotion of education (Article XIV, Sections 1,2,3,[4,5]),
Rights of the accused
civil rights intended for the protection of a person accused of any crime
Rights of the accused:
right against which unreasonable search and seizure
the right to presumption of innocence
the right to a speedy, impartial public trial,
the right against cruel, degrading, or inhuman punishment.
The provisions (Sections 11 to 12)
BasicRights of a Person:
Right to Life
Right to Liberty or Property
Right to property
What Section tackles the basicrights?
Article III, Section 1
Person
natural or artificial
capable of possessing legal rights and obligation.
Natural Person
human being with life, blood, soul, and body
classified into: citizens, and aliens or foreigners
Judicial or Artificial
corporation or partnership
Life
the right of an individual to his body in its completeness and free from dismemberment.
extends to the use of God-given faculties which make life enjoyable.