short presentation of bill of rights 1987 constitution
Transcript of short presentation of bill of rights 1987 constitution
BILL OF RIGHTS
Is a declaration and enumeration of a person’s rights and privileges
Designed by the Constitution to protect against violations by: The government An individual Groups of individuals
Classes of Rights
1. Natural rights2. Constitutional rights3. Statutory rights
Due Process of Law
one will be given notice of the proceedings and an opportunity to be heard before the government acts to take away one's life, liberty, or property.
a constitutional guarantee that a law shall not be unreasonable
Due Process of LawPROCEDURAL SUBSTANTIVE
Refers to the METHOD or MANNER by which the law is enforced.
Refers to the LAW ITSELF.
The application of the appropriate law in a certain case.
That the law must be fair, just, and
reasonable
Not allowed by the Constitution1. Deprivation of Life2. Deprivation of Liberty3. Deprivation of Property
1. Deprivation of Life
Death of a person Loss of any various physical and
mental attributesEyes, brain, power of reproduction, etc.
“Right to life is the very foundation of all human rights. Without this rights, all other human rights are meaningless.”
2. Deprivation of Liberty When there is restraint of a person’s
freedomA person cannot do the things he wishes
to do or the things he must do.
When there is physical restraintA person being captured and illegally
detained
3. Deprivation of Property Property is physically taken away
from the person. When the property is destroyed. When the person cannot enjoy or use
his property. When property of person is taken by
the government without payment of just compensation.
Not allowed by the Constitution1. Deprivation of Life2. Deprivation of Liberty3. Deprivation of Property
Equal Protection of Laws
All persons under same circumstances and conditions should be treated alike.
All persons under the same class should be treated alike.
WARRANT – and order in writing signed by a judge.SEARCH WARRANT WARRANT OF ARREST
An order to SEARCH for certain PERSONAL PROPERTY and
bring it to the court.A command to ARREST a
PERSON
When arrest may be made without a warrant?1. When, in his presence, the person to be
arrested has committed, is actually committing, or is attempting to commit an offense;
2. When an offense has in fact just been committed and he has personal knowledge of facts indicating that the person to be arrested has committed it; and
3. When the person to be arrested is a prisoner who escaped.
Right to Privacy
The right to be left alone. The right of a person to be free from
undesired publicity. Enjoyment by a person of his private
life. Security of a person against
unreasonable searches and seizures. Right to privacy of communication
and correspondence
Freedom of Expression
The right to freely utter and publish whatever one pleases without previous restraint.
LIMITATIONS of freedom of expression1.It shall not violate law2.It shall not injure a person’s
character, reputation or business.
Religious freedom
1. Freedom to believe in a religion – everyone has absolute right to believe whatever he wishes.
2. Freedom to act in accordance with such belief – (subject to limitations)
Liberty of abode and travel Right of a person to have his home in
whatever place he wants and may change it ah his will
Right of a person to go where he pleases
Constitutional Rights of the Accused:1. The right to adequate legal assistance;2. The right, when under investigation for
the commission of an offense, to be informed of his right to remain silent and to have counsel;
3. The right against the use of torture, force, violence, threat, intimidation or any other means which vitiates the free will;
Constitutional Rights of the Accused:4. The right against being held in secret,
incommunicado, or similar forms of solitary detention;
5. The right to bail and against excessive bail;
6. The right to due process of law;7. The right to presumption of innocence;8. The right to be heard by himself and
counsel;
Constitutional Rights of the Accused:9. The right to be informed of the nature
and cause of the accusation against him;10.The right to have a speedy, impartial,
and public trial;11.The right to meet the witnesses face to
face;12.The right to have compulsory process to
secure the attendance of witnesses and the production of evidence in his behalf;
Constitutional Rights of the Accused:13.The right against self-incrimination;14.The right against detention by
reason of political beliefs and aspirations;
15.The right against excessive fines;16.The right against cruel, degrading
or inhuman punishment;
Constitutional Rights of the Accused:17.The right against infliction of death
penalty except for heinous crimes; and
18.The right against double jeopardy