Bill Of Rights Flashcards
CONSTITUTIONAL RIGHTS
Article (_____)
Bill Of Rights
1987 Philippine Constitution
III
“Charter of Liberty”
Bill of Rights
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.
Bill of Rights
It’s a charter of liberties for the individual, and a limitation upon the power of the state.
Bill of Rights
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.
Bill of Rights
Classes of Rights (3)
Natural Rights
Constitutional Rights
Statutory Rights
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.
Natural Rights
Rights existing in the state of nature, i.e., existed prior to the creation of government.
Natural Rights
Examples: Right to Life, Right to Liberty, Right to Love, Right to Property, etc.
Natural Rights
Rights existing in the state of nature, i.e., they existed prior to creation of the government.
Natural Rights
Conferred by and protected by the Constitution.
Constitutional Rights
They are part of the fundamental law, hence, they cannot be modified or taken away by the law-making body.
Constitutional Rights
Provided by laws created by the law-making body.
Statutory Rights
Statutory Rights are provided by laws by the law-making body, and they may be abolished by the same body. True or False.
True
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.
Statutory Rights
Rights provided by the Constitution and statutes are said to be based on ____________ although they may also be derived from natural law.
positive law
Classification of Constitutional Rights (4)
Political
Civil Rights
Social and Economic Rights
Rights of the Accused
Rights of citizens to participate, directly or indirectly, in the establishment or administration of government. (citizenship, suffrage, information)
Political
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.
Political
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.)
Civil Rights
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.
Civil Rights
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.
Civil Rights
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.
Social and Economic Rights
