Bill of Rights Introduction Outline
THE BILL OF RIGHTS
Overview
1. What is and why do we have a Bill of Rights?
2. What rights are Filipinos entitled to under Article III of the constitution?
Bill of Rights
Fundamental characteristic of a republican system
It is “a charter of liberties for the individual and a limitation upon the power of the State”
Classification of Rights
Natural
- Based on one’s dignity as a human person
Constitutional- Outlined in a constitution’s bill or rights
. Cannot be repealed through legislation.
Statutory
- As provided for by law
Political v. Civil v. Legal
Political Rights
- Those that pertain to an individual’s participation in government or the political process
Civil Rights
- Basically refer to rights enjoyed to enable individuals to undertake the everyday business of life
Political v. Civil v. Legal
“Legal” Rights
- Rights that apply to individuals when subjected to the law and/or legal procedures and processes
Article III, Section 4
Freedom of speech
Right to a free press
Freedom of assembly
The right of petition
Article III, Section 4
Limitations to Freedom of Speech:
Severe calumny
Anything lewd or obscene
Anything that provokes violence or disorder
Seditious messages
“Clear and present danger”
Article III, Section 8
Freedom to form associations
i.e. the right to organize
N.B.: So long as the association is not contrary to the law
Article III, Section 9
The right to private property
Explicit limitation to the power of eminent domain
Public use
Just compensation: fair market price
Due process of law
Article III, Section 3
Right to privacy
Especially with respect to correspondence
Illegally obtained material as inadmissible evidence
Article III, Section 5
Freedom of religion
Corollary: the state has no official religion
The state shall not endorse any religion/religious
Overview
1. What is and why do we have a Bill of Rights?
2. What rights are Filipinos entitled to under Article III of the constitution?
Bill of Rights
Fundamental characteristic of a republican system
It is “a charter of liberties for the individual and a limitation upon the power of the State”
Classification of Rights
Natural
- Based on one’s dignity as a human person
Constitutional- Outlined in a constitution’s bill or rights
. Cannot be repealed through legislation.
Statutory
- As provided for by law
Political v. Civil v. Legal
Political Rights
- Those that pertain to an individual’s participation in government or the political process
Civil Rights
- Basically refer to rights enjoyed to enable individuals to undertake the everyday business of life
Political v. Civil v. Legal
“Legal” Rights
- Rights that apply to individuals when subjected to the law and/or legal procedures and processes
Article III, Section 4
Freedom of speech
Right to a free press
Freedom of assembly
The right of petition
Article III, Section 4
Limitations to Freedom of Speech:
Severe calumny
Anything lewd or obscene
Anything that provokes violence or disorder
Seditious messages
“Clear and present danger”
Article III, Section 8
Freedom to form associations
i.e. the right to organize
N.B.: So long as the association is not contrary to the law
Article III, Section 9
The right to private property
Explicit limitation to the power of eminent domain
Public use
Just compensation: fair market price
Due process of law
Article III, Section 3
Right to privacy
Especially with respect to correspondence
Illegally obtained material as inadmissible evidence
Article III, Section 5
Freedom of religion
Corollary: the state has no official religion
The state shall not endorse any religion/religious