Bill Of Rights Flashcards

1
Q

CONSTITUTIONAL RIGHTS
Article (_____)
Bill Of Rights
1987 Philippine Constitution

A

III

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2
Q

“Charter of Liberty”

A

Bill of Rights

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3
Q

Declaration and enumeration of a person’s basic rights and privileges which the constitution is designed to protect against violations by the government, or by an individual or groups of individuals.

A

Bill of Rights

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4
Q

It’s a charter of liberties for the individual, and a limitation upon the power of the state.

A

Bill of Rights

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5
Q

Its basis is the social importance accorded to the individual in a democratic or republican state, the lowliest in economic or social status are equal to the richest or most influential because they, too, are endowed with human dignity.

A

Bill of Rights

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6
Q

Classes of Rights (3)

A

Natural Rights
Constitutional Rights
Statutory Rights

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7
Q

Possessed without being granted by the state for they are given to man by God as a human being created to His image so that he may live a happy life.

A

Natural Rights

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8
Q

Rights existing in the state of nature, i.e., existed prior to the creation of government.

A

Natural Rights

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9
Q

Examples: Right to Life, Right to Liberty, Right to Love, Right to Property, etc.

A

Natural Rights

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10
Q

Rights existing in the state of nature, i.e., they existed prior to creation of the government.

A

Natural Rights

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11
Q

Conferred by and protected by the Constitution.

A

Constitutional Rights

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12
Q

They are part of the fundamental law, hence, they cannot be modified or taken away by the law-making body.

A

Constitutional Rights

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13
Q

Provided by laws created by the law-making body.

A

Statutory Rights

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14
Q

Statutory Rights are provided by laws by the law-making body, and they may be abolished by the same body. True or False.

A

True

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15
Q

Examples: Minimum wage, Right to Adopt, etc.
Certain constitutional and statutory rights may be in the category of natural rights such as the right to life, right to liberty, and the right to one’s property.

A

Statutory Rights

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16
Q

Rights provided by the Constitution and statutes are said to be based on ____________ although they may also be derived from natural law.

A

positive law

17
Q

Classification of Constitutional Rights (4)

A

Political
Civil Rights
Social and Economic Rights
Rights of the Accused

18
Q

Rights of citizens to participate, directly or indirectly, in the establishment or administration of government. (citizenship, suffrage, information)

A

Political

19
Q

Rights of Citizenship, the Right to Suffrage, and the Right to Information on Public Concerns.
Rights the people have in a society to equal treatment & equal opportunities, whatever their roles are. Ex: religion.

A

Political

20
Q

Rights which the law will enforce at the instance of private individuals for the purpose of securing for the people their means of happiness, non-political rights, especially those pertaining to personal liberty, personal rights, (due process and equal protection, right against involuntary servitude, constitutional rights of the accused, social and economic rights, liberty of abode, etc.)

A

Civil Rights

21
Q

Rights to due process and equal protection of the laws, the rights against involuntary servitude and imprisonment for non-payment of debt for a poll tax; the social and economic rights; religious freedom; liberty of abode and of changing the same; and the right against impairment of obligation of a contract.

A

Civil Rights

22
Q

Freedom of speech, of expression, or of the press, the right to assembly and petition, and the right to form associations. These are also civil rights. However, they partake of the nature of political rights when they are utilized as a means to participate in the government.

A

Civil Rights

23
Q

Rights intended to ensure the well-being and economic security of the individual. (property, just compensation, rights re social justice, conservation of natural resources, food, health, housing, social security, education, science & technology, arts & culture) political & civil rights can only attain their full meaning when the people enjoy social and economic rights.

A

Social and Economic Rights

24
Q
A
25
Q
A
26
Q

Every person is offered conditions/ they are able to meet their needs.

A

Social and Economic Rights

26
Q

Political and civil rights can have meaning only if concrete measures are taken to breathe life and substance to social and economic rights which include cultural rights;

A

Social and Economic Rights

26
Q

Civil rights intended for the protection of a person accused of crime (presumption of innocence, right vs unreasonable searches, right to speedy, impartial, and public trial, right against cruel, degrading, or inhuman punishment, & seizures, etc.)

A

Rights of the Accused

26
Q

State Authority and Individual Freedom
(1) ____________, an instrument that exists to promote both individual and social welfare.

The doctrine of laissez (also laisser) faire (let people to as they choose) or unrestricted freedom of the individual, as axiom of economics and political theory, is of the past.

A

State

27
Q

State Authority and Individual Freedom
(2) Conflict between individual rights and group welfare.

In some cases, the individual must yield to the group; and in other cases, the group to the individual.

The Constitution provides, expressly or impliedly, that in certain cases, when demanded by the necessity of promoting the general welfare of society, the ______________ may interfere with these rights and liberties.

A

government

28
Q

State Authority and Individual Freedom
(3) _________________ of individual and group rights and interests.

The effective _________________ of the claims of the individual and those of the community is the essence, or the indispensable means for the attainment of the legitimate aspirations of any democratic society.

There can be no absolute power whoever exercises it, or that would be tyranny; yet there can neither be absolute liberty for that would mean license and anarchy.

A

Balancing; balancing

29
Q

State Authority and Individual Freedom
(4) Role of the _______________.
In appropriate cases, rests primarily this all important duty of balancing the interests of the individual and group welfare in the adjudication of disputes that is fair and just to the parties involved and beneficial to the larger interests of the community or the people as a whole.

Courts, ultimately the _____________, act as arbiters of the limits of governmental powers especially in relation to individual rights.

A

judiciary; Supreme Court