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Encyclopedia > Freedom of petition

The right to petition is the freedom of individuals (and sometimes groups and corporations) to petition their government for a correction or repair of some form of injustice without fear of punishment for the same. Although often overlooked in favor of other more famous freedoms and sometimes taken for granted[1], many other civil liberties are enforceable against the government only by exercising this basic right,[2] making it a fundamental right in both representative democracies (to protect public participation)[1] and liberal democracies. The "right to petition," per se, is not mentioned in the Universal Declaration of Human Rights, but the related freedom of assembly and right to "take part in the government" are.[3] Look up Petition in Wiktionary, the free dictionary A petition is a request to an authority, most commonly a government official or public entity. ... Justice is a concept involving the fair and moral treatment of all persons, especially in law. ... Look up freedom in Wiktionary, the free dictionary. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... Representative democracy is a form of democracy founded on the exercise of popular sovereignty by the peoples representatives. ... Liberal democracy is a form of government. ... The Universal Declaration of Human Rights (also UDHR) is a declaration adopted by the United Nations General Assembly (A/RES/217, December 10, 1948 at Palais de Chaillot, Paris), outlining the organizations view on the human rights guaranteed to all people. ... Freedom of assembly is the freedom to associate with, or organize any groups, gatherings, clubs, or organizations that one wishes. ...


United States

In the United States, the right to petition is guaranteed by the First Amendment to the Constitution, and specifically prohibits Congress from abrdiging "the right of the people ... to petition the Government for a redress of grievances." Its roots within the colonies can be traced back to the Declaration of Independence,[4] which includes the statement: The First Amendment to the United States Constitution is a part of the United States Bill of Rights. ... A grievance is a formal statement of complaint, generally against an authority figure. ... In 1775, the British claimed authority over the red and pink areas on this map and Spain ruled the orange. ... United States Declaration of Independence The Declaration of Independence is the 1776 statement by which the United Colonies in North America declared themselves independent of the Great Britain as the new nation, The Declaration, written chiefly by Thomas Jefferson, explained the justifications for breaking away. ...

β€œIn every stage of these Oppressions We have Petitioned for Redress in the most humble terms: Our repeated Petitions have been answered only by repeated injury. A Prince, whose character is thus marked by every act which may define a Tyrant, is unfit to be the ruler of a free people.[5]”

, addressing not only the (implied) right to petition itself, but also the related requirement that the government duly respond to such petitions. Historically, the right can be traced further back[2] to English documents such as the Magna Carta, which, by its acceptance by the monarchy, implicitly affirmed the right, and the later Bill of Rights 1689, which explicitly declared the "right of the subjects to petition the king"[6]. Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English charter originally issued in 1215. ... The Bill of Rights 1689 is an Act of the Parliament of England (1 Will. ...


The first[7] significant exercise and defense of the right to petition within the US was to advocate the end of slavery by petitioning Congress in the mid 1830s, including 130,000 such requests in 1837 and 1838.[8] In 1836, the House of Representatives adopted a gag rule that would table all such anti-slavery petitions[8]. John Quincy Adams and other Representatives eventually achieved the repeal of this rule in 1844 on the basis that it was contrary to the right to petition the government.[8] Seal of the House of Representatives The United States House of Representatives (or simply the House) is one of the two chambers of the United States Congress, the other being the Senate. ... A gag rule is a rule that limits or forbids the consideration or discussion of a topic. ... A table is a piece of furniture with a horizontal surface supported above the ground. ... John Quincy Adams (July 11, 1767 – February 23, 1848) was an American lawyer, diplomat, politician, and President of the United States (March 4, 1825 – March 4, 1829). ...


While the prohibition of abridgement of the right to petition originally referred only to the federal legislature (the Congress) and courts, the incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures and the executive branches of the state[4] and federal governments. The right to petition includes under its umbrella the right to sue the government[9], and the right of individuals, groups, and corporations (via corporate personhood), to lobby[4] the government. Type Bicameral Houses Senate House of Representatives President of the Senate Dick Cheney, R, since January 20, 2001 Speaker of the House Dennis Hastert, R, since January 6, 1999 Members 535 plus 4 Delegates and 1 Resident Commissioner Political groups (as of January 4, 2005 elections) Democratic Party Republican Party... The Bill of Rights to the United States Constitution is applied to state governments by the judicially created Incorporation Doctrine. ... Corporate personhood is a term used to describe the legal fiction used within United States law that a corporation has a limited number or subset of the same constitutional rights as a human being. ... It has been suggested that Interest representation: Academic overview be merged into this article or section. ...


United Kingdom

References

  1. ^ a b Porter, Lori. Petition - SLAPPs. First Amendment Center.
  2. ^ a b Newton, Adam; Ronald K.L. Collins. Petition - Overview. First Amendment Center.
  3. ^ The word "petition" cannot be found within the full text of the UDHR. Quote "take part in the government" from Article 21.
  4. ^ a b c The Right to Petition. Illinois First Amendment Center.
  5. ^ Quote from the Declaration of Independence. Full text available at The Declaration of Independence: A Transcription. The U.S. National Archives and Records Administration.
  6. ^ Quote from Bill of Rights 1689. Full text available at English Bill of Rights 1689. The Avalon Project at Yale Law School.
  7. ^ Kilman, J. & Costello, G. (Eds). Analysis and Interpretation of the Constitution, 2002 ed. - First Amendment – Religion and Expression. Congressional Research Service.
  8. ^ a b c Struggles over Slavery: The "Gag" Rule. The U.S. National Archives and Records Administration.
  9. ^ Newton, Adam. Petition - Right to sue. First Amendment Center.


 
 

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