Individual Liberties and Freedom found in the American Constitution
The United States is one of the most democratic societies in the world. The American constitution protects the rights of the citizens and their freedom. Several constitutional provisions mandate the federal government to respect and uphold the basic rights of every person in the United States ( Kickler, 2015 ). This paper seeks to identify the individual liberties and freedom found in the United States constitution together with various legislative processes that allow individual liberties and freedom to be changed.
The United States is undoubtedly one of the countries with the most progressive constitutions. The American constitution ensures that power is placed in the hands of the people and that they can determine the type of government that they want. The original constitutional document specified several civil liberties such as the provisions that guaranteed the writ of habeas corpus and trial and jury. However, the most significant constitutional adjustment that led to improved freedom in the United States is the Bill of Rights which was adopted in 1978 ( Kickler, 2015 ). The first constitutional amendment guarantees the rights of conscience for individuals such as the freedom of speech, religion, the right to assemble, petition, and free speech. The bill of rights also ensures fair procedures for accused persons such as protection against excessive bail, unreasonable search and seizure, and double jeopardy ( National Archives, n.d. ).
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Kickler (2015 ) point out that even though all American citizens are guaranteed of their freedom and liberties by the constitution, there are certain circumstances where their liberties can be changed or altered. For example, a person forfeits their right to free movement in the event where they are found guilty of serious crimes and jailed. The court, in this case, withdraws the right that the person could have enjoyed if they had not committed the crime.
Individual Liberties and Freedom found in the French constitution
France is one of the major European powers that has experimented with democracy for many years. The country’s success and stability can be attributed to the constitution that governs it. Just like the American constitution, the French constitution also protects citizens from excessive government powers (Weber, 2015). An analysis of the French constitution reveals several individual liberties and freedom and the legislative processes that allow for the changing or altering of the liberties.
There are various liberties and freedoms as provided by the French constitution. The declaration of Human and Civic Rights which was incorporated in the constitution in 1789 protects the freedom of speech in France (Weber, 2015). Article 10 of the Declaration of Human and Civic Rights also guarantees religious freedom in the country. The French constitution also guarantees the freedom of movement, the right to fair trial, rights of private property, the right to demonstrate and assemble, and the right to petition (Constituteproject.org, 2018). The French constitution requires that the government observes and protects the above civil liberties and freedom no matter the cost because they are the foundation of the strong society that has existed in France for many decades. Additionally, the constitution also provides remedies in cases where individual rights and liberties are violated by the government and other agencies such as compensation.
There are instances where individual liberties are changed or altered depending on the situation. Even though the right to free speech and communication is provided for in the constitution, there are legal limits that regulate free speech. One of France’s foundational laws about free speech is the Loi du 29 Juillet 1881 sur la liberté de la Presse which was enacted in 1881 (Constituteproject.org, 2018). The law guarantees the freedom of the press while providing the limits on what can be legally punished. Going beyond the limits is equivalent to the violation of the basic constitutional rights.
Individual Liberties and Freedom found in the United Kingdom’s constitution
The United Kingdom boasts of a strong and progressive constitution which respects and protects the basic human rights of its citizens. The United Kingdom’s constitution is different from that of other countries since it is not codified. Its constitution is unwritten, and it is formed by court judgments, conventions, and Acts of Parliament (Blackburn, 2015). The current constitution was adopted in 1927, and it provides several liberties and freedom to its citizens.
There are several individual liberties and freedom as provided by the constitution. The main ones include freedom of speech, freedom of religious worship, freedom of association, and the freedom of assembly. The current freedom and liberties enjoyed by the citizens of the United Kingdom were achieved after long processes that included the adoption and modification of several laws and procedures. For example, the Bill of Rights of 1689 sought to protect citizens from the monarch. The bill created an act that declared the rights and liberties of the subjects and settled the succession of the Crown (Blackburn, 2015). Another legislation that provides civil liberties and freedoms to the citizens is the Freedom of Information Act 2000 which guarantees the citizens the right to access information from public authorities or from people that provide services to them (Institute for Public Policy Research, 1991).
Just like in many constitutions, there are instances where individual liberties and freedoms can be altered or withdrawn. Violating the law in the United Kingdom means that an individual has forfeited the liberties provided to them by the constitution. The process of altering or removing civil liberties must respect the opinions of the people by going through a parliamentary process where it will be discussed at length before a final decision is made.
References
Blackburn, R. (2015 March 13). Britain’s unwritten constitution. Magma Carta. Retrieved from https://www.bl.uk/magna-carta/articles/britains-unwritten-constitution
Constituteproject.org. (2018). France’s constitution of 1958 with amendments through 2008. Retrieved from https://www.constituteproject.org/constitution/France_2008.pdf?lang=en
Institute for Public Policy Research (1991). The constitution of the United Kingdom. Retrieved from https://www.ippr.org/files/images/media/files/publication/2014/01/the-constitution- of-the-United-kingdom_1991-2014_1420.pdf
Kickler, T. (2015). The conscience of the constitution: The declaration of independence and the right to liberty. The Independent Review, 19 (3), 458-461.
National Archives (n.d.). The Constitution of the United States : A Transcription . Retrieved from https://www.archives.gov/founding-docs/constitution-transcript
Weber, A. (2015, March 15). FALQS: Freedom of Speech in France. Retrieved from https://blogs.loc.gov/law/2015/03/falqs-freedom-of-speech-in-france/
