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