Bill of Rights

Cards (57)

  • Where is the Bill of Rights located?

    Article III. Bill of Rights
  • bill of rights
    • 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 governmental action 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:
    1. Protect citizens from government
    2. Outline what citizens can and cannot do
    3. Acts as boundary between the government and the people
    4. Rights and privileges of individuals are defined.
  • Classes of Rights:
    1. Natural Rights
    2. Constitutional Rights
    3. 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:
    1. Political Rights
    2. Civil Rights
    3. Social and Economic Rights
    4. 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:
    1. Rights of Citizenship (Article IV)
    2. 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?
    Sections 11 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:
    1. Right to property (Section 1)
    2. Right to just compensation for private property taken for public use (Section 9)
    3. articles dealing with the promotion of social justice (Article XIII),
    4. the conservation and utilization of natural resources (Article XII, Section 2),
    5. 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:
    1. right against which unreasonable search and seizure
    2. the right to presumption of innocence
    3. the right to a speedy, impartial public trial,
    4. the right against cruel, degrading, or inhuman punishment.
    5. The provisions (Sections 11 to 12)
  • Basic Rights of a Person:
    1. Right to Life
    2. Right to Liberty or Property
    3. Right to property
  • What Section tackles the basic rights?
    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.
  • Liberty
    • right to contract
    • right to choose one's employment
    • right to labor
    • right to locomotion