Rey Ty

RightsRey Ty

Rey Ty

Source:•Michael G. Roskin, Robert L. Cord, James A. Medeiros, & Walter S. Jones. (2012). Political Science: An Introduction. New York: Pearson Longman.

Rey Ty

Constitutions

WrittenRules by which a

government conducts its

affairs

UnwrittenTraditions,

customs, statues, precedents

Rey Ty

Constitution

Many C. specify

individual rights & freedoms

Set limits on

government

Balance minority & majority interests

Rey Ty

General Nature of

Constitutional LawBasic, highest law

of the land

Often a constitutional court interprets C.

provisions

Judicial activism: conservative or liberal courts strike down precedents

Judicial restraint: court is reluctant to strike down law or

make law through broad decisions

Rey Ty

Constitutions & Constitutional

Gov’tCountries’ political culture can give

different interpretations to

similar constitutions

Constitutions can be idealistic fictions

Constitutionalism: degree to which

government limits its powers

Magna Carta: early effort to limit

state power; a tool to create democracy

Rey Ty

Purpose of a Constitution

A statement of national ideals

Formalizes government structure: separation of

power—C. divides authority &

responsibility among branches of government; limit power of each

branch

Establishes government legitimacy:

Constituent Assembly—a legislature meeting for the

first time to write a C; often set up after overthrow of prvious regime to give legitimacy of rule by new regime

Rey Ty

What Is a Right?

Jeremy Bentham “right is the child of law,” it only exists when

it’s in statute or C.U.S. founding fathers took “natural rights” as foundation for

rights, formulated as “freedom from” various

types of tyranny

Civil rights: comes with modern democracy, which need freedom to

speak & vote for citizens; no civil

rights = dictatorship loomsEconomic rights:

relatively new; a socialist idea of 19C; “freedom to,” as in freedom to live

adequately or have a job

Rey Ty

Can Constitutions Ensure Rights?

Civil Rights & Civil Liberties:

1. As a reaction to WW2, U.N. G. Assembly adopted the Universal Declaration on Human Rights2. No enforcement power3. Sets up basic norms that most governments do not violate openly

Minority Groups & Civil Liberties

1. Few countries are homogeneous; most have different racial, ethnic, religious, cultural, or linguistic diversity whose civil or cultural liberties are often compromised2. UDH Rights indicates that minorities have the right to preserve their cultural uniqueness

Rey Ty

Adaptability of U.S. ConstitutionsRight to Bear Arms:

1. U.S. v. Miller (1939)2. District of Columbia v. Heller (2008)3. McDonald v. Chicago (2010)

Rey Ty

Adaptability of U.S. ConstitutionsFreedom of Expression

1. Gitlow v. New York (1925)2. Pentagon Papers3. Citizens United v. Federal Election Commission (2010)

Rey Ty

Adaptability of U.S. Constitutions

Free Speech and Sedition1. Sedition – criticism of the government or officials to produce discontent or rebellion2.Espionage Act (1917)3. Smith Act (1940)4. Internal Security Act (1950)

Rey Ty

Do Terrorists Have Rights?1. In 2006 & 2008, the U.S.

Supreme Court ruled that terrorists have habeas corpus rights -Detainees may protest innocence before a judge2. Patriot Act -Context dependency when examining legal restrictions on human and civil rights in the U.S. and other countries

Rey Ty

Reference:•Michael G. Roskin, Robert L. Cord, James A. Medeiros, & Walter S. Jones. (2012). Political Science: An Introduction. New York: Pearson Longman.

Fair Use• In good faith, this work contains fair use of copyrighted and non-copyrighted images from the public domain & the web for non-commercial & nonprofit educational purposes.

• This work is distributed free of charge.• The author has neither monetized this work nor sought any profit from its distribution.

• Copyright Disclaimer Under Section 107 of the Copyright Act 1976: Allowance is made for fair use for purposes such as criticism, comment, news reporting, teaching, scholarship, and research. Fair use is a use permitted by copyright statute that might otherwise be infringing. Non-profit, educational or personal use tips the balance in favor of fair use.

• This work contains original work of commentary and critical analysis.

• Quotations are attributed to the original authors and sources.

Rights

Rey Ty