Constitutional right
Encyclopedia
An inalienable right is a freedom granted by a Nature or the Creator's endowment by birth (on the national or sub-national level), and may not be legally denied by that government.
,inalienable rights are derived from the people themselves and are protected primarily by the enumerated articles to the US Constitution, known as the Bill of Rights
. Persons may also have inalienable rights protected by the state.
Since the United States Constitution is a design of limited and restricted government and has absolutely nothing to do with the private state citizen, then it stands to reason that all inalienable Rights are guaranteed either by nature or by the Creator.
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.
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 Article, guaranteeing the freedoms of speech, the press, religion, and assembly.
For example, the Fifth Article protects 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.
derive from the United States Constitution
. Legal rights of U.S. citizens and U.S. entities also derive from state constitutions, statute, common law, and contracts.
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
.
The United Kingdom, as it has an uncodified constitution, does not have a constitutional bill of rights, although the Human Rights Act 1998
fulfills a similar role.
The European Convention of Human Rights applies in those nations which are members of the Council of Europe
. Persons who have experienced Convention-infringing human rights violations on the territory of ECHR-signatory nations can appeal to the European Court of Human Rights
.
In authoritarian regimes there are generally few or no guaranteed inalienable rights; alternatively, such rights may exist but be unobserved in practice (as was generally the case in the former Francoist Spain).
United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
,inalienable rights are derived from the people themselves and are protected primarily by the enumerated articles to the US Constitution, known as the Bill of Rights
United States Bill of Rights
The Bill of Rights is the collective name for the first ten amendments to the United States Constitution. These limitations serve to protect the natural rights of liberty and property. They guarantee a number of personal freedoms, limit the government's power in judicial and other proceedings, and...
. Persons may also have inalienable rights protected by the state.
Since the United States Constitution is a design of limited and restricted government and has absolutely nothing to do with the private state citizen, then it stands to reason that all inalienable Rights are guaranteed either by nature or by the Creator.
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
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
. When a provision is made binding on a state, a state can no longer restrict the rights guaranteed in that provision.
Examples of provisions made binding upon the states are the 6th Amendment
Sixth Amendment to the United States Constitution
The Sixth Amendment to the United States Constitution is the part of the United States Bill of Rights which sets forth rights related to criminal prosecutions...
's guarantee of a right to confrontation of witnesses, known as the Confrontation Clause
Confrontation Clause
The Confrontation Clause of the Sixth Amendment to the United States Constitution provides that "in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him." Generally, the right is to have a face-to-face confrontation with witnesses who are...
, and the various provisions of the 1st Article, guaranteeing the freedoms of speech, the press, religion, and assembly.
For example, the Fifth Article protects the right to grand jury
Grand jury
A grand jury is a type of jury that determines whether a criminal indictment will issue. Currently, only the United States retains grand juries, although some other common law jurisdictions formerly employed them, and most other jurisdictions employ some other type of preliminary hearing...
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.
State constitutions
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. California v. Ramos, 463 U.S. 992, 1014, 103 S.Ct. 3446, 77 l.Ed.2d 1171 (1983). 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 United States
Not all legal rights of citizens of the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
derive from the United States Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
. Legal rights of U.S. citizens and U.S. entities also derive from state constitutions, statute, common law, and contracts.
Other nations
Many other democraticDemocracy
Democracy is generally defined as a form of government in which all adult citizens have an equal say in the decisions that affect their lives. Ideally, this includes equal participation in the proposal, development and passage of legislation into law...
nations have followed the US model in enshrining certain rights in their constitutions. Countries whose written constitutions include a bill of rights
Bill of rights
A bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
include Germany
Germany
Germany , officially the Federal Republic of Germany , is a federal parliamentary republic in Europe. The country consists of 16 states while the capital and largest city is Berlin. Germany covers an area of 357,021 km2 and has a largely temperate seasonal climate...
, India
India
India , officially the Republic of India , is a country in South Asia. It is the seventh-largest country by geographical area, the second-most populous country with over 1.2 billion people, and the most populous democracy in the world...
and Japan
Japan
Japan is an island nation in East Asia. Located in the Pacific Ocean, it lies to the east of the Sea of Japan, China, North Korea, South Korea and Russia, stretching from the Sea of Okhotsk in the north to the East China Sea and Taiwan in the south...
.
The United Kingdom, as it has an uncodified constitution, does not have a constitutional bill of rights, although the Human Rights Act 1998
Human Rights Act 1998
The Human Rights Act 1998 is an Act of Parliament of the United Kingdom which received Royal Assent on 9 November 1998, and mostly came into force on 2 October 2000. Its aim is to "give further effect" in UK law to the rights contained in the European Convention on Human Rights...
fulfills a similar role.
The European Convention of Human Rights applies in those nations which are members of the Council of Europe
Council of Europe
The Council of Europe is an international organisation promoting co-operation between all countries of Europe in the areas of legal standards, human rights, democratic development, the rule of law and cultural co-operation...
. Persons who have experienced Convention-infringing human rights violations on the territory of ECHR-signatory nations can appeal to the European Court of Human Rights
European Court of Human Rights
The European Court of Human Rights in Strasbourg is a supra-national court established by the European Convention on Human Rights and hears complaints that a contracting state has violated the human rights enshrined in the Convention and its protocols. Complaints can be brought by individuals or...
.
In authoritarian regimes there are generally few or no guaranteed inalienable rights; alternatively, such rights may exist but be unobserved in practice (as was generally the case in the former Francoist Spain).
See also
- Bill of RightsBill of rightsA bill of rights is a list of the most important rights of the citizens of a country. The purpose of these bills is to protect those rights against infringement. The term "bill of rights" originates from England, where it referred to the Bill of Rights 1689. Bills of rights may be entrenched or...
- Natural rightsNatural rightsNatural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights are rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable...
- Civil rightsCivil rightsCivil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
- Inalienable rights
- Human rightsHuman rightsHuman rights are "commonly understood as inalienable fundamental rights to which a person is inherently entitled simply because she or he is a human being." Human rights are thus conceived as universal and egalitarian . These rights may exist as natural rights or as legal rights, in both national...