Declaration of the Rights of Man and of the Citizen in 1789

A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important

rights Rights are law, legal, social, or ethics, ethical principles of freedom or Entitlement (fair division), entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people according to some legal sy ...

to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens. Bills of rights may be '' entrenched'' or ''unentrenched''. An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and therefore subject to special procedures applicable to constitutional amendments.

History

The history of legal

charter A charter is the grant of authority or rights, stating that the granter formally recognizes the prerogative of the recipient to exercise the rights specified. It is implicit that the granter retains superiority (or sovereignty), and that the ...

s asserting certain rights for particular groups goes back to the

Middle Ages In the history of Europe, the Middle Ages or medieval period lasted approximately from the 5th to the late 15th centuries, similarly to the post-classical period of global history. It began with the fall of the Western Roman Empire and ...

and earlier. An example is

Magna Carta (Medieval Latin for "Great Charter"), sometimes spelled Magna Charta, is a royal charter of rights agreed to by King John of England at Runnymede, near Windsor, on 15 June 1215. First drafted by the Archbishop of Canterbury, Cardin ...

, an English legal charter agreed between the King and his barons in 1215. In the

early modern period The early modern period is a Periodization, historical period that is defined either as part of or as immediately preceding the modern period, with divisions based primarily on the history of Europe and the broader concept of modernity. There i ...

, there was renewed interest in Magna Carta.

English common law English law is the common law legal system of England and Wales, comprising mainly criminal law and civil law, each branch having its own courts and procedures. The judiciary is independent, and legal principles like fairness, equality bef ...

judge Sir

Edward Coke Sir Edward Coke ( , formerly ; 1 February 1552 – 3 September 1634) was an English barrister, judge, and politician. He is often considered the greatest jurist of the Elizabethan era, Elizabethan and Jacobean era, Jacobean eras. Born into a ...

revived the idea of rights based on citizenship (see history of citizenship) by arguing that Englishmen had historically enjoyed such rights. The Petition of Right 1628, the

Habeas Corpus Act 1679 The Habeas Corpus Act 1679 ( 31 Cha. 2. c. 2) is an act of the Parliament of England passed during the reign of King Charles II. It was passed by what became known as the Habeas Corpus Parliament to define and strengthen the ancient prerogati ...

and the

Bill of Rights 1689 The Bill of Rights 1689 (sometimes known as the Bill of Rights 1688) is an Act of Parliament (United Kingdom), act of the Parliament of England that set out certain basic civil rights and changed the succession to the Monarchy of England, Engl ...

(English Bill of Rights) established certain rights in statute. In the

Thirteen Colonies The Thirteen Colonies were the British colonies on the Atlantic coast of North America which broke away from the British Crown in the American Revolutionary War (1775–1783), and joined to form the United States of America. The Thirteen C ...

, the English Bill of Rights was one of the influences on the 1776

Virginia Declaration of Rights The Virginia Declaration of Rights was drafted in 1776 to proclaim the inherent rights of men, including the right to reform or abolish "inadequate" government. It influenced a number of later documents, including the United States Declaratio ...

, which in turn influenced the

United States Declaration of Independence The Declaration of Independence, formally The unanimous Declaration of the thirteen States of America in the original printing, is the founding document of the United States. On July 4, 1776, it was adopted unanimously by the Second Continen ...

later that year. After the

Constitution of the United States The Constitution of the United States is the Supremacy Clause, supreme law of the United States, United States of America. It superseded the Articles of Confederation, the nation's first constitution, on March 4, 1789. Originally includi ...

was adopted in 1789, the

United States Bill of Rights The United States Bill of Rights comprises the first ten list of amendments to the United States Constitution, amendments to the United States Constitution. It was proposed following the often bitter 1787–88 debate over the Timeline of dr ...

was ratified in 1791. The U.S. Constitution and Bill of Rights were influenced by British constitutional history. Inspired by the

Age of Enlightenment The Age of Enlightenment (also the Age of Reason and the Enlightenment) was a Europe, European Intellect, intellectual and Philosophy, philosophical movement active from the late 17th to early 19th century. Chiefly valuing knowledge gained th ...

, the

Declaration of the Rights of Man and of the Citizen The Declaration of the Rights of Man and of the Citizen (), set by France's National Constituent Assembly in 1789, is a human and civil rights document from the French Revolution; the French title can be translated in the modern era as "Decl ...

asserted the universality of rights. It was adopted in 1789 by France's National Constituent Assembly, during the period of the French Revolution. The 20th century saw different groups draw on these earlier documents for influence when drafting the

Universal Declaration of Human Rights The Universal Declaration of Human Rights (UDHR) is an international document adopted by the United Nations General Assembly that enshrines the Human rights, rights and freedoms of all human beings. Drafted by a UN Drafting of the Universal D ...

, the

European Convention on Human Rights The European Convention on Human Rights (ECHR; formally the Convention for the Protection of Human Rights and Fundamental Freedoms) is a Supranational law, supranational convention to protect human rights and political freedoms in Europe. Draf ...

and the United Nations Convention on the Rights of the Child.

Exceptions in Western democracies

The

constitution of the United Kingdom The constitution of the United Kingdom comprises the written and unwritten arrangements that establish the United Kingdom of Great Britain and Northern Ireland as a political body. Unlike in most countries, no official attempt has been made to Co ...

remains uncodified. However, the Bill of Rights 1689 is part of UK law. The

Human Rights Act 1998 The Human Rights Act 1998 (c. 42) is an Act of Parliament (United Kingdom), Act of Parliament of the United Kingdom which received royal assent on 9 November 1998, and came into force on 2 October 2000. Its aim was to incorporate into UK law the ...

also incorporates the rights contained in the European Convention on Human Rights into UK law. In the 21st century, there were proposals for a British Bill of Rights and the UK Parliament debated a Bill of Rights Bill but it was not passed into legislation.

Australia Australia, officially the Commonwealth of Australia, is a country comprising mainland Australia, the mainland of the Australia (continent), Australian continent, the island of Tasmania and list of islands of Australia, numerous smaller isl ...

is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was never passed. In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the

House of Representatives House of Representatives is the name of legislative bodies in many countries and sub-national entities. In many countries, the House of Representatives is the lower house of a bicameral legislature, with the corresponding upper house often ...

, but failed to pass the

Senate A senate is a deliberative assembly, often the upper house or chamber of a bicameral legislature. The name comes from the ancient Roman Senate (Latin: ''Senatus''), so-called as an assembly of the senior (Latin: ''senex'' meaning "the el ...

. Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians to unelected

judge A judge is a person who wiktionary:preside, presides over court proceedings, either alone or as a part of a judicial panel. In an adversarial system, the judge hears all the witnesses and any other Evidence (law), evidence presented by the barris ...

s and

bureaucrat A bureaucrat is a member of a bureaucracy and can compose the administration of any organization of any size, although the term usually connotes someone within an institution of government. The term ''bureaucrat'' derives from "bureaucracy", wh ...

s. Victoria,

Queensland Queensland ( , commonly abbreviated as Qld) is a States and territories of Australia, state in northeastern Australia, and is the second-largest and third-most populous state in Australia. It is bordered by the Northern Territory, South Austr ...

and the

Australian Capital Territory The Australian Capital Territory (ACT), known as the Federal Capital Territory until 1938, is an internal States and territories of Australia, territory of Australia. Canberra, the capital city of Australia, is situated within the territory, an ...

(ACT) are the only states and territories to have a human rights Act. However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere.

List of bills of rights

General

Specifically targeted documents

* Consumer Bill of Rights * Homeless Bill of Rights *

Taxpayer Bill of Rights The Taxpayer Bill of Rights (abbreviated TABOR) is a concept advocated by conservative and free market libertarian groups, primarily in the United States, as a way of limiting the growth of government. It is not a charter of rights but a provisi ...

Academic Bill of Rights The Academic Bill of Rights (ABOR) is a document created and distributed by a branch of the David Horowitz Freedom Center, a think tank founded by the conservative writer David Horowitz. A wide range of critics, representing a diverse range of a ...

* Veterans' Bill of Rights * G.I. Bill of Rights, better known as the G.I. Bill * Homosexual Bill of Rights, drafted by North American Conference of Homophile Organizations * Library Bill of Rights, published by the

American Library Association The American Library Association (ALA) is a nonprofit organization based in the United States that promotes libraries and library education internationally. It is the oldest and largest library association in the world. History 19th century ...

* Environmental Bill of Rights or

Agenda 21 Agenda 21 is a non-binding action plan of the United Nations with regard to sustainable development. It is a product of the Earth Summit (UN Conference on Environment and Development) held in Rio de Janeiro, Brazil, in 1992. It is an action ag ...

* Creator's Bill of Rights, comic writers and artists * Donor's Bill of Rights, for philanthropic donors * Law Enforcement Officers' Bill of Rights * California Voter Bill of Rights, adaptation of the Voting Rights Act *

Islamic Bill of Rights for Women in the Mosque Asra Quratulain Nomani (born June 7, 1965) is an Indian American journalist and author. Born in India to Muslim parents, she earned a BA from West Virginia University in liberal arts in 1986 and an MA from the American University in international ...

* New Jersey Anti-Bullying Bill of Rights Act * Credit Cardholders' Bill of Rights, contained within the Credit CARD Act of 2009 * Sexual Assault Survivors' Bill of Rights ( Sexual Assault Survivors' Rights Act)

References