|
A constitutional right is a right granted by a government's constitution (on the national or sub-national level), and cannot be legally denied by that government. A right is the power or privilege to which one is justly entitled or a thing to which one has a just claim. ...
Constitutional Rights in the United States
In the United States, the constitutional rights of persons derive primarily from the amendments to the US Constitution, known as the Bill of Rights. Persons may also have constitutional rights granted by the constitution of a state. Page I of the Constitution of the United States of America Page II of the United States Constitution Page III of the United States Constitution Page IV of the United States Constitution The Constitution of the United States is the supreme law of the United States of America and is...
The United States Bill of Rights is the specific name given to the first ten amendments to the United States Constitution. ...
The provisions providing for rights under the Bill of Rights were originally binding upon only the federal government. In time, most of these provisions became binding upon the states through selective incorporation into the due process clause of the 14th Amendment. When a provision is made binding on a state, a state can no longer restrict the rights guaranteed in that provision. Incorporation of the Bill of Rights is the legal doctrine by which portions of the U.S. Bill of Rights are applied to the states through the Due Process Clause of the Fourteenth Amendment. ...
Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ...
The Fourteenth Amendment to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. ...
Examples of provisions made binding upon the states are the 6th Amendment's guarantee of a right to confrontation of witnesses, known as the Confrontation Clause, and the various provisions of the 1st Amendment, guaranteeing the freedoms of speech, the press, religion, and assembly. Amendment VI (the Sixth Amendment) of the United States Constitution codifies rights related to criminal prosecutions in federal courts. ...
The Confrontation Clause of Sixth Amendment to the United States Constitution provides in relevant part: In all criminal prosecutions, the accused shall enjoy the right to . ...
For other uses, see First Amendment (disambiguation). ...
However, some provisions in the Bill of Rights were not made binding upon the states and are applicable only to the Federal Government.
For example, the fifth amendment grants the right to grand jury proceedings in federal criminal cases. However, because this right was not selectively incorporated into the due process clause of the 14th amendment, it is not binding upon the states. Therefore, persons involved in state criminal proceedings as a defendant have no federal constitutional right to grand jury proceedings. Whether an individual has a right to a grand jury becomes a question of state law. Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ...
A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ...
State Constitutional Rights in the US Each of the United States has its own governing constitution. State constitutions cannot reduce legal protections afforded by the federal charter, but they can provide additional protections. Even where the text of a state constitution matches verbatim that of the federal constitution, the state document may be held to provide more to the citizen. State constitutional rights can also include those entirely unaddressed in the federal constitution, such as the right to adequate education or the right to affordable housing.
Other Legal Rights in the US Not every legal right derives from the constitutions. In fact, the vast majority of legal rights derive from statute, common law, and contracts. - See also: federalism
At the core, political federalism is a political philosophy in which a group or body of members are bound together (Latin: foedus, covenant) with a governing representative head. ...
Constitutional rights in other nations Many other democratic nations have followed the US model in enshrining certain rights in their constitutions. Countries whose written constitutions include a bill of rights include Germany, India and Japan. For other uses, see Democracy (disambiguation). ...
The United States Bill of Rights is the specific name given to the first ten amendments to the United States Constitution. ...
The United Kingdom, as it has an uncodified constitution, does not have a constitutional bill of rights, although the Human Rights Act 1998 fulfils a similar role. In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ...
The Human Rights Act 1998 is a United Kingdom Act of Parliament which received Royal Assent on November 9, 1998, and came into force on October 2, 2000. ...
The European Convention of Human Rights applies in those nations which are members of the Council of Europe. Citizens of these nations can appeal to the European Court of Human Rights where their rights under the convention have been infringed. The European Convention on Human Rights (1950) was adopted under the auspices of the Council of Europe† to protect human rights and fundamental freedoms. ...
The Palace of Europe in Strasbourg European Flag: used by the Council of Europe and by the European Union The Council of Europe (French: Conseil de lEurope , German: Europarat /ˌɔɪ.ˈro. ...
European Court of Human Rights building in Strasbourg The European Court of Human Rights (ECtHR), often referred to informally as the Strasbourg Court, was created to systematise the hearing of human rights complaints against States Parties to the Convention for the Protection of Human Rights and Fundamental Freedoms, adopted by...
In authoritarian nations there are generally few or no guaranteed constitutional rights; alternatively, such rights may exist but be unobserved in practise (as was generally the case in the former Soviet Union). The term authoritarian is used to describe an organization or a state which enforces strong and sometimes oppressive measures against the population, generally without attempts at gaining the consent of the population. ...
- See also: Human rights in Germany and Constitution of Japan
Germany is seen to be one of the democratic nations in Europe. ...
The Constitution of Japan has been the founding legal document of Japan since 1947. ...
See also | 
Feeds |
Contact