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Topic: Bill of Rights 1688


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  Bill of Rights: Alexander Hamilton, Federalist, no. 84, 575--81   (Site not responding. Last check: 2007-10-25)
Such also was the declaration of right presented by the lords and commons to the prince of Orange in 1688, and afterwards thrown into the form of an act of parliament, called the bill of rights.
Is it one object of a bill of rights to declare and specify the political privileges of the citizens in the structure and administration of the government?
Adverting therefore to the substantial meaning of a bill of rights, it is absurd to allege that it is not to be found in the work of the convention.
press-pubs.uchicago.edu /founders/documents/bill_of_rightss7.html   (1677 words)

  
  Bill of Rights 1689 - Wikipedia, the free encyclopedia
The Bill of Rights 1689 is not a bill of rights, in the sense of a statement of certain rights that citizens and/or residents of a free and democratic society have (or ought to have), but rather addresses only the rights of Parliamentarians sitting in Parliament as against the Crown.
The Bill of Rights 1689 was later supplemented in England by the Act of Settlement 1701, and in Scotland the Claim of Right was supplemented by the Act of Union 1707.
The Bill of Rights and Claim of Right were a major step in the evolution of the governments in Britain towards parliamentary supremacy, and the curtailment of the rights of the monarchy.
en.wikipedia.org /wiki/English_Bill_of_Rights   (936 words)

  
 The Avalon Project : English Bill of Rights 1689
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown
That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;
Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.
www.yale.edu /lawweb/avalon/england.htm   (839 words)

  
 Joseph Story: Amendments to the Constitution
Upon the second point it was said, that bills of rights are in their origin stipulations between kings and their subjects, abridgments of prerogative in favour of privilege, and reservations of rights not surrendered to the prince.
Bills of rights are a part of the muniment of freemen, showing their title to protection; and they become of increased value, when placed under the protection of an independent judiciary instituted, as the appropriate guardian of the public and private rights of the citizens.
Indeed, the right of a society or government to interfere in matters of religion will hardly be contested by any persons, who believe that piety, religion, and morality are intimately connected with the well being of the state, and indispensable to the administration of civil justice.
www.lonang.com /exlibris/story/sto-344.htm   (8819 words)

  
 Human Rights [Internet Encyclopedia of Philosophy]
The final and third generation of rights are associated with such rights as a right to national self-determination, a clean environment, and the rights of indigenous minorities.
Her right to receive an adequate education is a claim right held against the local education authority, which has a corresponding duty to provide her with the object of the right.
Human rights may be divided into five different categories and the principal object of securing human rights is the creation of the conditions for all individuals to have the opportunity to lead a minimally good life.
www.iep.utm.edu /h/hum-rts.htm   (10683 words)

  
 Justice Kirby's Papers - A Bill of Rights for Australia - But do we need it? (, test) - 14 December 1997
Thus, the right to free public discussion of matters of politics and economics were found, in the Capital Television decision, to be inherent in the very nature of the Australian representative democracy established by the Constitution.
It is unlikely that an Australian bill of rights would be able to cover, still less cope with, all of the issues of basic rights which need to be dealt with in a true charter of the people's rights.
Thus, the right to bear arms, which is enshrined in the United States bill of rights, might have been appropriate at the time of the American Revolution.
www.lawfoundation.net.au /resources/kirby/papers/19971214_austlaw.html   (4939 words)

  
 [No title]
Upon the second point it was said, that bills of rights are in their origin stipulations between kings and their subjects, abridgments of prerogative in favour of privilege, and reservations of rights not surrendered to the prince.
In the first place, a bill of rights (in the very sense of this reasoning) is admitted in some cases to be important; and the constitution itself adopts, and establishes its propriety to the extent of its actual provisions.
Bills of rights are a part of the muniment of freemen, showing their title to protection; and they become of increased value, when placed under the protection of an inde-
www.constitution.org /js/js_344.htm   (7698 words)

  
 Bill of Rights by Richard Munday
The Bill of Rights of 1689, which is still in force as statute law and remains our central constitutional document,(4) guarantees only two rights of the individual, and one of these - the ultimate surety, according to Blackstone, of the subject's other liberties - is the right to arms.
But in so doing they must attack the principle of the Bill: for the Bill of Rights claimed not to promulgate anything new, but rather to reaffirm the "true antient and indubitable rights and liberties of the people of this Kingdom" that should be upheld "in all times to come".
The situation might then be analogous with the Bill of Rights now: for though the Bill has been revised in matters of procedure, the thirteen essential principles of the Declaration of Rights that were supposed to be upheld "for all time to come" still stand.
teapot.usask.ca /cdn-firearms/Laws/rkba.hist_05.html   (1723 words)

  
 Canadian Bill of Rights
It is not the function of the court under the Bill of Rights to prevent the operation of a federal enactment designed for this purpose on the grounds that it applies only to one class of persons or to a particular area.
deprive a person of the right to the assistance of an interpreter in any proceedings in which he is involved or in which he is a party or a witness, before a court, commission, board or other tribunal, if he does not understand or speak the language in which such proceedings are conducted.
- The right of the applicants to a fair hearing in accordance with section 2(e) of the Canadian Bill of Rights was not infringed by the statutory procedures followed by the respondents in deciding to transfer the applicant Bruce from British Columbia to Ontario.
canadianprisonlaw.com /misc/billofrights.htm   (4158 words)

  
 Ross Lightfoot argues there is no need for a Bill of Rights because Australian citizens' rights are already ...
What is known as the United States Bill of Rights has remained largely unchanged since it was drafted in 1789, and hence there has been little evolution or progressions of those rights in the past 200 years.
When combined with the controversial nature of some of the rights enforced, the end result may be a politicised judiciary, as is the case in the United States, and with the separation of powers being obscured.
While proponents of an Australian Bill of Rights may have noble goals in mind when they argue for such a piece of law, unfortunately they overlook both the lack of need for such a Bill, and the many unforseen detrimental effects the introduction of such a Bill may present.
www.onlineopinion.com.au /view.asp?article=1280   (1050 words)

  
 The Right to Bear Arms.
The right to bear arms, as I now think I have demonstrated, is a necessary corollary to the right of self defence; but, -- it is more than that.
The Bill of Rights did not list the innumerable rights of an Englishman, nor did it have to; but it did confirm an important one, especially in the context of the dispute between the king and the "people's representatives" that gave rise to the Glorious Revolution.
Its footings are found somewhere deep in the dark times of English constitutional history and was confirmed by the Bill of Rights of 1688 and has since been confirmed by a string of English common law cases.
www.blupete.com /Literature/Essays/BluePete/Guns.htm   (2677 words)

  
 18th and 19th-Century Commentary on the Right to Keep and Bear Arms
The fifth and last auxiliary right of the subject, that I shall at present mention, is that of having arms for their defence [fn40] suitable to their condition and degree, and such as are allowed by law.
It was adopted with some modification and enlargement from the English Bill of Rights of 1688, where it stood as a protest against arbitrary action of the overturned dynasty in disarming the people, and as a pledge of the new rulers that this tyrannical action should cease.
The right declared was meant to be a strong moral check against the usurpation and arbitrary power of rulers, and as a necessary and efficient means of regaining rights when temporarily overturned by usurpation.
www1.law.ucla.edu /~volokh/beararms/comment.htm   (1575 words)

  
 Compensation for Services Rendered by Public Authorities in the Common Law. *
This goes some way to overcoming the notorious absence in English law of any right to to compensation in respect of ultra vires action as such and reflects the principle that the cost of governmental action should be borne by the public as a whole.
The Bill of Rights is not a constitutional document in the strict sense being formally an ordinary statute.
In the USA for example in testing the constitutionality of state interference with property rights, it may be appropriate to ask whether the interference is intended to restrain a harmful act, in which case no compensation is due, or to confer a public benefit, such as environmental conservation, in which case compensation may be payable.
www.ncl.ac.uk /nuls/research/wpapers/alder3.html   (7608 words)

  
 NATIONAL GUN LAWS AND CONSTITUTIONAL MATTERS AND THE PREROGATIVE OF THE CROWN
Apart from Legislative Authority, which is vested in the Parliament subject to certain concurrent Rights of the Crown, the law of the Constitution clothes the person of the Sovereign with Supreme Sovereignty and pre-eminence.
In the current post 1948 British version of the Bill of Rights, Section Twelve has been repealed to the extent, that, it no longer protects the provisions of Right contained in Section One; and allows the parliament of the United kingdom to make laws Repugnant to the Provisions of Section one.
To deny persons of good character the right to have firearms that are unregistered is also contrary to their Common Law and Statutory Rights.
www.lockstockandbarrel.org /letters/LTE013.htm   (3537 words)

  
 The Second Amendment and the Historiography of the Bill of Rights
The omission of a bill of rights was a weak point of the proposed Constitution, and soon became the focus of opposition.
Moreover, unlike the right to arms and need for a militia, the details of limiting the army were eminently "controvertible." Federalists in the conventions had strongly opposed any limitations[253] and no consensus had developed among the supporters of such limitations.
The right to arms portion of the second amendment, in contrast, was meant to be a prohibition, as fully binding as those in the remainder of the Bill of Rights.
www.guncite.com /journals/hardhist.html   (16050 words)

  
 Debate: Media release 00-12-14; Helen Clark to defend human rights abuses?   (Site not responding. Last check: 2007-10-25)
While our Bill of Rights is not binding on the Government, a complaint could be made to the Human Rights Commission.
The Bill of Rights 1688 includes some very useful clauses, such as the rule of law, the right to jury trials and free speech in parliament.
The Bill is not simply anti-Catholic either; all religions other than Protestant religions were unacceptable and the monarchy has since become associated exclusively with the Church of England.
www.republic.org.nz /mr001214.htm   (498 words)

  
 - Does Australia already have a Bill of Rights?
That means the Constitution protects the Bill of Rights 1688 incorporated in The Imperial Acts Application Acts in all Federal & State jurisdictions.
Any future Bill of Rights must have Constitutional Protection otherwise it can be amended by the Government of the day possessing control of both houses.
When you read our real Bill of Rights you will realise that we have in there everything that we need to operate a free society with no poverty or lies.
www.newmatilda.com /forum/topic.asp?TOPIC_ID=350   (622 words)

  
 [No title]   (Site not responding. Last check: 2007-10-25)
Remember Senator Tate, the one who said we do not have a Bill of Rights, the one who said the Bill of Rights 1688 is not and never has been part of Australian law.
The government was forced into a position where they had to admit the Bill of Rights exists and it is still in force.
I found that The Constitutional Commission had admitted on paper that the Bill of Rights and Magna Carta were still in force.
www.users.bigpond.com /tonypitt/id48_m.htm   (366 words)

  
 Newshound: Links to daily newspaper articles about Northern Ireland
Unfortunately, the right under William and Mary (now repealed) of protestants to bear arms was couched in terms of James II's indulgence of papists.
And article 17 (prohibition of abuse of rights) denies 'any...group...any right [under the Convention] to engage in any activity or perform any act aimed at the destruction of any of the rights and freedoms set forth herein or at their limitation to a greater extent than is provided for in the Convention.'
The prospects of the Portadown Orangemen letting go the 1688-89 bill of rights, which inspires their absolutism, and adopting twentieth-century Convention rights (which have been promoted by inter alia republican fellow travellers) may be beyond them.
www.nuzhound.com /articles/am6-17.htm   (1033 words)

  
 Ministry of Justice - NZ Bill of Rights Act 1990: Summary of Case Annotations   (Site not responding. Last check: 2007-10-25)
In the case of a Government Bill, on the introduction of that Bill; or
The obligation imposed on the A-G by section 7 of the NZBOR is a part of the proceedings in Parliament (whether or not the A-G actually chose to table a report or not) and was therefore encompassed by art 9 of the Bill of Rights 1688.
Further, it is improper to describe the obligation imposed upon the A-G pursuant to section 7 as a right of the citizen.
www.justice.govt.nz /pubs/reports/1997/bill-of-rights/section7.html   (223 words)

  
 New York Law School Journal of International and Comparative Law
A New Zealand Bill of Rights Act has existed since 1990, but it is not entrenched [6] and does not contain anything equivalent to the American Second Amendment.
The only "right" relevant to gun control is that set out in the English Bill of Rights (1688) [8], which continues to exist as law in New Zealand, and was last successfully applied in 1976 to declare a statement made by the then Prime Minister illegal.
In the absence of any constitutional "right" to possess guns, it is hard to say whether each form of legislation has contributed to the relatively restrained level of firearm offenses, or whether the reasons are more social and cultural.
www.saf.org /LawReviews/Hastings1.htm   (3365 words)

  
 Untitled Document   (Site not responding. Last check: 2007-10-25)
Although many individual nations previously recognized and honored freedom of expression in their respective national laws, it was not until the 1940s that the international community concentrated on encouraging all nations to respect freedom of expression.
However, the ICCPR and the ECHR, which, as noted, bind or influence Belarus to varying degrees, permit states to limit the right of free expression, in essence clarifying that this right is not absolute.
A person's right to protection against defamatory or slanderous speech, therefore, must be analyzed in relation to his societal duties.
www.wcl.american.edu /hrbrief/v6i3/belarus.htm   (2103 words)

  
 On Christmas 1688, William called for the election of a new Parliament
The Tories were caught in an impossible quandry, since by their own theory of divine right of succession, there was no legitimate way to replace one king with another against his will.
It preserved the power of the monarchy and the established church, but issued a Bill of Rights (1688) that declared taxation or the maintenance of a standing army illegal without Parliamentary approval.
The Bill of Rights also stipulated that no judge could be removed from the bench by the king.
www.wittenberg.edu /academics/hist/crom/brit/RevS.htm   (918 words)

  
 Chapter 6
This case aims to "redress and remedy" a dreadfully wrong ""judgment" which is definitely "to the prejudice of the people" (to use the words from the Bill of Rights 1688).
The duration of "until this case is fully heard" over which this injunction is to be effective is to include the time taken to appeal to Her Majesty in Council should that become necessary.
It is an inalienable right of an Australian citizen to be able to appeal to Her Majesty in Council and any attempt to take away that right is a violation of the Australian Constitution and the Bill of Rights 1688.
www.rightsandwrong.com.au /html/chapter_6.html   (1407 words)

  
 The Age of Absolutism
I was called "the wisest fool in Christendom" for my inability to learn from the mistakes of my ancestors in relation to divine right monarchy.
I argued that while religion was important, the state is above everything, and that religion is a mere instrument to promote the policies of the state.
This important document followed the Magna Carta and the Petition of Rights in reinforcing basic civil liberties guaranteed by the British government.
www.historyteacher.net /EuroProjects/ExamReviewSheets/MatchingQuizzesForFinalReview-2001/MATCH-AgeOfAbsolutism.htm   (473 words)

  
 BRAIN-WASH - 5   (Site not responding. Last check: 2007-10-25)
Democratic rights are the rights a person has when he or she is faced with the political process of his society.
These include the right to vote, the guarantee of suffrage to all adult men and women, and the principle of one vote one value.
Laws dealing with individual and democratic rights, which are also called "fundamental freedoms" and "guarantees", have a very long and cherished history, beginning with Magna Carta, continuing with the British Bill of Rights of 1688, which is still law in Australia.
www.biblebelievers.org.au /brain5.htm   (2636 words)

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