Combarison Between Us Bill Of
BACKGROUND OF THE BILL OF RIGHTS
The United States Bill of Rights came into being as a result of a promise made by the Fathers of Confederation to the states during the struggle for ratification of the Constitution in 1787-88. A great number of the states made as a condition for their ratification, the addition of amendments, which would guarantee citizens protection of their rights against the central government. Thus, we have a rather interesting situation in which the entrenchment of a bill of rights in the American Constitution was done by the virtual demand of the states, they themselves fearing a central government which was not legally constrained and restricted as far as its ...
Want to read the rest of this paper? Join Essayworld today to view this entire essay and over 50,000 other term papers
|
over a question of states’ rights, among other things, and the states’ rights interpretation had actually lost and was, to a degree, a casualty of the wartime period. Further, that casualty was swiftly hammered into its coffin by three amendments which were enacted in 1865, 1868 and 1870 – the Thirteenth, Fourteenth and Fifteenth Amendments. The Fourteenth Amendment ultimately became the heart and soul of the modern American Constitution. Most of the legal battle’s surrounding the United States Bill of Rights have been to make it a truly national document – such that states may not violate its provisions. The Fourteenth Amendment finally made this possible.
A more sudden, but perhaps equally profound event is the adoption in 1982 of the Canadian Charter of Rights and Freedoms. Whereas before the adoption of the Charter Canadian legislatures were supreme, having power without limit within their jurisdictions, they now have debatable supremacy within altered jurisdictions. ...
Get instant access to over 50,000 essays. Write better papers. Get better grades.
Already a member? Login
|
classes of rights are protected by both the Canadian and United States constitutions. Freedom of expression, religion, and assembly are safeguarded in part I section 2 of the Canadian Constitution Act, 1982, and in the First Amendment of the American Constitution. The Legal Rights listed in sections 7-14 of the Canadian Charter of Rights and Freedoms, protecting criminal suspects and defendants by various procedural safeguards, are paralleled by American rights to have counsel against double jeopardy, excessive bail, etc., which find expression in the Fourth, Fifth, Sixth and Eighth Amendments. Finally, the drive in modern democracies to provide greater legal protection against ...
Succeed in your coursework without stepping into a library. Get access to a growing library of notes, book reports, and research papers in 2 minutes or less.
|
CITE THIS PAGE:
Combarison Between Us Bill Of. (2005, September 14). Retrieved December 23, 2024, from http://www.essayworld.com/essays/Combarison-Between-Us-Bill-Of/33246
"Combarison Between Us Bill Of." Essayworld.com. Essayworld.com, 14 Sep. 2005. Web. 23 Dec. 2024. <http://www.essayworld.com/essays/Combarison-Between-Us-Bill-Of/33246>
"Combarison Between Us Bill Of." Essayworld.com. September 14, 2005. Accessed December 23, 2024. http://www.essayworld.com/essays/Combarison-Between-Us-Bill-Of/33246.
"Combarison Between Us Bill Of." Essayworld.com. September 14, 2005. Accessed December 23, 2024. http://www.essayworld.com/essays/Combarison-Between-Us-Bill-Of/33246.
|