Английская Википедия:Bill of rights

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Файл:Declaration of the Rights of Man and of the Citizen in 1789.jpg

The Declaration of the Rights of Man and of the Citizen of 1789 is a fundamental document of the French Revolution and in the history of human rights.

Файл:Bill of Rights Pg1of1 AC.jpg

Draft of the United States Bill of Rights, also from 1789

A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.

Bills of rights may be entrenched or unentrenched. An entrenched bill of rights cannot be amended or repealed by a country's legislature through regular procedure, instead requiring a supermajority or referendum; often it is part of a country's constitution, and therefore subject to special procedures applicable to constitutional amendments.

History

The history of legal charters asserting certain rights for particular groups goes back to the Middle Ages and earlier. An example is the Magna Carta, an English legal charter agreed between the King and his barons in 1215. In the early modern period, there was renewed interest in the Magna Carta. English common law judge Sir Edward Coke revived the idea of rights based on citizenship by arguing that Englishmen had historically enjoyed such rights. The Petition of Right 1628, the Habeas Corpus Act 1679 and the Bill of Rights 1689 (English Bill of Rights) established certain rights in statute.

In the Thirteen Colonies, the English Bill of Rights was one of the influences on the 1776 Virginia Declaration of Rights, which in turn influenced the United States Declaration of Independence later that year. After the Constitution of the United States was adopted in 1789, the United States Bill of Rights was ratified in 1791. The U.S. Constitution and Bill of Rights were influenced by British constitutional history.

Inspired by the Age of Enlightenment, the Declaration of the Rights of Man and of the Citizen asserted the universality of rights. It was adopted in 1789 by France's National Constituent Assembly, during the period of the French Revolution.

The 20th century saw different groups draw on these earlier documents for influence when drafting the Universal Declaration of Human Rights, the European Convention on Human Rights and the United Nations Convention on the Rights of the Child.

Exceptions in Western democracies

The constitution of the United Kingdom remains uncodified. However, the Bill of Rights 1689 is part of UK law. The Human Rights Act 1998 also incorporates the rights contained in the European Convention on Human Rights into UK law. In the 21st century, there were proposals for a British Bill of Rights and the UK Parliament debated a Bill of Rights Bill but it was not passed into legislation.

Australia is the only common law country with neither a constitutional nor federal legislative bill of rights to protect its citizens, although there is ongoing debate in many of Australia's states. In 1973, Federal Attorney-General Lionel Murphy introduced a human rights Bill into parliament, although it was never passed. In 1984, Senator Gareth Evans drafted a Bill of Rights, but it was never introduced into parliament, and in 1985, Senator Lionel Bowen introduced a bill of rights, which was passed by the House of Representatives, but failed to pass the Senate. Former Australian Prime Minister John Howard has argued against a bill of rights for Australia on the grounds it would transfer power from elected politicians to unelected judges and bureaucrats. Victoria, Queensland and the Australian Capital Territory (ACT) are the only states and territories to have a human rights Act. However, the principle of legality present in the Australian judicial system, seeks to ensure that legislation is interpreted so as not to interfere with basic human rights, unless legislation expressly intends to interfere.

List of bills of rights

Файл:English Bill of Rights of 1689.jpg

The Bill of Rights 1689 is an Act of the Parliament of England asserting certain rights

General

Title	Effective Year	Realm	Notes
Charter of Liberties	1100	Шаблон:Flagicon image England	Rights of inheritance and marriage, amnesty, and environmental protection
Magna Carta	1215	Шаблон:Flagicon image England	Rights for barons
Great Charter of Ireland	1216	Шаблон:Flag	Rights for barons
Golden Bull of 1222	1222	Шаблон:Flagicon image Hungary	Rights for nobles
Statute of Kalisz	1264	Шаблон:Flagicon image Poland	Jewish residents' rights
Charter of Kortenberg	1312	Шаблон:Flagicon image Brabant	Rights for all citizens "rich and poor"
Dušan's Code	1349	Шаблон:Flagicon image Serbia
Twelve Articles	1525	Swabian League
Pacta conventa	1573	Шаблон:Flagicon image Poland–Lithuania
Henrician Articles	1573	Шаблон:Flagicon image Poland–Lithuania
Petition of Right	1628	Шаблон:Flag
Declaration of Right, 1689 Bill of Rights 1689 Claim of Right Act 1689	1689	Шаблон:FlagШаблон:Flag	This applied to all British Colonies of the time, and was later entrenched in the laws of those colonies that became nations—for instance in Australia with the Colonial Laws Validity Act 1865 and reconfirmed by the Statute of Westminster 1931
Virginia Declaration of Rights	1776	Шаблон:Flag: Шаблон:Flag	June 1776, Preamble to the United States Declaration of Independence, July 1776
Chapter 1 of the Pennsylvania Constitution	1776	Шаблон:Flag: Шаблон:Flag	July 1776
Declaration of the Rights of Man and of the Citizen	1789	Шаблон:Flag
Bill of Rights of the United States Constitution	1791	Шаблон:Flag	Completed in 1789, ratified in 1791
Declaration of the Rights of the People	1811	Шаблон:Flagicon image Venezuela
Article I of the Constitution of Connecticut	1818	Шаблон:Flag: Шаблон:Flag
Constitution of Greece	1822	Шаблон:Flag
Hatt-ı Hümayun	1856	Шаблон:Flag
Article I of the Constitution of Texas	1875	Шаблон:Flag: Шаблон:Flag
Basic rights and liberties in Finland	1919	Шаблон:FlagШаблон:Citation needed
Implied Bill of Rights (a theory in Canadian constitutional law)	1938	Шаблон:Flag	The bill of rights implied by the Constitution Act, 1867, first identified in Reference Re Alberta Statutes in 1938.
Articles 13-28 of the Constitution of Italy	1947	Шаблон:Flag
Universal Declaration of Human Rights	1948	Шаблон:Flag
Fundamental rights and duties of citizens in People's Republic of China	1949	Шаблон:Flag
Fundamental Rights of Indian citizens	1950	Шаблон:Flag
European Convention on Human Rights	1953	Шаблон:Flag	Drafted in 1950
Canadian Bill of Rights	1960	Шаблон:Flag
Part I of the Constitution of Portugal	1976	Шаблон:Flag
International Bill of Human Rights	1976	Шаблон:Flag
Quebec Charter of Human Rights and Freedoms	1976	Шаблон:Flag: Шаблон:Flag
Canadian Charter of Rights and Freedoms	1982	Шаблон:Flag
Declaration of the Basic Duties of ASEAN Peoples and Governments	1983	Шаблон:Flag	Signed in Manila by the Regional Council on Human Rights in Asia, the first to draft a pan-Asian declaration of human rights
Article III and XIII of the Constitution of the Philippines	1987	Шаблон:Flag	The Bill of Rights encapsulating Article III regulates duties and responsibilities of the government toward the rights of citizens, while Article XIII is specifically about human rights and social justice
Article 5 of the Constitution of Brazil	1988	Шаблон:Flag
New Zealand Bill of Rights Act	1990	Шаблон:Flag
Charter of Fundamental Rights and Basic Freedoms of the Czech Republic	1991	Шаблон:Flag
Hong Kong Bill of Rights Ordinance	1991	Шаблон:Flag
Chapter 2 of the Constitution of South Africa	1996	Шаблон:Flag	Entitled "Bill of Rights"
Human Rights Act 1998	1998	Шаблон:Flag
Human Rights Act 2004	2004	Шаблон:Flag: Шаблон:Flag
Charter of Fundamental Rights of the European Union	2005	Шаблон:Flag
Victorian Charter of Human Rights and Responsibilities	2006	Шаблон:Flag: Шаблон:Flag
Chapter Four of the Constitution of Zimbabwe	2013	Шаблон:Flag
Queensland Human Rights Act 2018	2019	Шаблон:Flag: Шаблон:Flag

Specifically targeted documents

• Consumer Bill of Rights
• Homeless Bill of Rights
• Taxpayer Bill of Rights
• Academic Bill of Rights
• Veterans' Bill of Rights
• G.I. Bill of Rights, better known as the G.I. Bill
• Homosexual Bill of Rights, drafted by North American Conference of Homophile Organizations
• Library Bill of Rights, published by the American Library Association
• Environmental Bill of Rights or Agenda 21
• Creator's Bill of Rights, comic writers and artists
• Donor's Bill of Rights, for philanthropic donors
• Law Enforcement Officers' Bill of Rights
• California Voter Bill of Rights, adaptation of the Voting Rights Act
• Islamic Bill of Rights for Women in the Mosque
• New Jersey Anti-Bullying Bill of Rights Act
• Credit Cardholders' Bill of Rights, contained within the Credit CARD Act of 2009
• Sexual Assault Survivors' Bill of Rights (Sexual Assault Survivors' Rights Act)

See also

• Inalienable rights
• International Bill of Human Rights
• International human rights instruments
• Natural rights
• Rule of law
• Second Bill of Rights