Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. |
Human rights or civil liberties form a crucial part of a country's constitution and govern the rights of the individual against the state. |
Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. |
Most jurisdictions, like the United States and France, have a codified constitution, with a bill of rights. |
A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. |
A recent example is the Charter of Fundamental Rights of the European Union which was intended to be included in the Treaty establishing a Constitution for Europe, that failed to be ratified. |
Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. |
Perhaps the most important example is the Universal Declaration of Human Rights under the UN Charter. |
These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. |
These are intended to ensure basic political, social and economic standards that a nation state, or intergovernmental body is obliged to provide to its citizens but many do include its governments. |
Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. |
Some countries like the United Kingdom have no entrenched document setting out fundamental rights; in those jurisdictions the constitution is composed of statute, case law and convention. |
A case named Entick v. Carrington is a constitutional principle deriving from the common law. |
A case named Entick v. Carrington is a constitutional principle deriving from the common law. |
John Entick's house was searched and ransacked by Sherriff Carrington. |
John Entick's house was searched and ransacked by Sherriff Carrington. |
Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. |
Carrington argued that a warrant from a Government minister, the Earl of Halifax was valid authority, even though there was no statutory provision or court order for it. |
The court, led by Lord Camden stated that, |
The court, led by Lord Camden stated that, |
"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." |
"The great end, for which men entered into society, was to secure their property. That right is preserved sacred and incommunicable in all instances, where it has not been taken away or abridged by some public law for the good of the whole. By the laws of England, every invasion of private property, be it ever so minute, is a trespass... If no excuse can be found or produced, the silence of the books is an authority against the defendant, and the plaintiff must have judgment." |