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Journal articles on the topic 'Bill of Rights'

Author: Grafiati

Published: 4 June 2021

Last updated: 31 January 2023

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1

Theodos, Tiffany F. "The Patients’ Bill of Rights: Women’s Rights Under Managed Care and ERISA Preemption." American Journal of Law & Medicine 26, no. 1 (2000): 89–108. http://dx.doi.org/10.1017/s0098858800010832.

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AbstractPublic concern over the perceived failure of managed care has led many to call for the increased accountability of managed care organizations (MCOs). In response, during his January 1998, State of the Union address, President Clinton outlined a Patients’ Bill of Rights that would guarantee patients certain protections against abuses by their health plans. Since January 1998, the Patients’ Bill of Rights has been entrenched in partisan politics. Consequently, the 105th Congress failed to enact a Patients’ Bill of Rights and the 106th Congress has passed two opposing versions of the Bill. At the time of publication, the two bills sat in a joint House Senate conference committee awaiting reconciliation.Although both sides support legislation increasing patient protections, Democrats and Republicans are divided over the issue of remedies for patients who have had their rights violated.

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2

Габов, Андрей, and Andrey Gabov. "Billholder Rights in the Reorganization of a Legal Entity." Journal of Russian Law 4, no. 6 (May 30, 2016): 0. http://dx.doi.org/10.12737/19765.

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Reorganization of a legal entity entails significant risks for creditors. To reduce risks, the law (article 60 of the RF Сivil Сode) vests the lenders with special rights. When a legal entity makes the decision about its reorganization, the creditor has the right to demand early performance of obligations, and in case of impossibility of early performance – to require the termination of obligations and compensation for losses. The application of this general rule to the creditors, whose rights are based on the bill, faces a problem: the Regulation on bills and notes of 1937 (article 43) does not mention reorganization as grounds for early repayment of the bill. In the present paper, the author proves that the bill holders have the rights envisaged by article 60 of the RF Civil Сode. The author analyzes the problems in case of bill presentation for repayment.

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3

Cobbe, Pete. "Bill of rights." Nursing Standard 6, no. 30 (April 15, 1992): 56. http://dx.doi.org/10.7748/ns.6.30.56.s62.

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4

Barlow, John Perry. "Bill O' rights." Communications of the ACM 36, no. 3 (March 1993): 21–22. http://dx.doi.org/10.1145/153520.153551.

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5

Hunter, P. "Bill of rights [digital rights management]." Engineering & Technology 1, no. 8 (November 1, 2006): 36–40. http://dx.doi.org/10.1049/et:20060802.

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6

Kamali, Mostafa, Amir abbas Azizi, Sanaz sadat Mahmoodian, and Sedighe Kamali. "AWARENESS OF PATIENTS’ BILLS OF RIGHTS AMONG MEDICAL STAFF IN MASHHAD MEDICAL UNIVERSITY` TEACHING HOSPITALS." Medical Technologies Journal 1, no. 4 (November 29, 2017): 96–97. http://dx.doi.org/10.26415/2572-004x-vol1iss4p96-97.

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Introduction: Respecting patients’ rights practice and keeping patient satisfied is one of most important principles in ethical medicine. Increasing Awareness and respecting patients’ rights result in better health care considering human and ethical rights. The Ministry of Health and Medical Education in Iran published a patients’ bill of rights and mandated it be posted conspicuously for the patients. With regard to necessity of Patients’ bill of rights, patients’ role in decision making and respecting their right, this study aimed to investigate awareness of patients’ bills of rights among medical staff in Mashhad medical university` teaching hospitals Methods: The current analytical cross- sectional study was conducted on 129 medical staff in the year 2014-15 in Mashhad medical university` teaching hospitals. The data were collected using a self-administer questionnaire with 28 questions whose reliability was 80 according to Cronbach's alpha. One-way analysis of variance, Student's t-distribution was used to compare means of Awareness via SPSS Ver. 21. Results: The results indicated that awareness of medical staff was M=65/3, SD=67/0. Nursing staff were the most aware and radiology staff were the less aware from patients’ bills of rights. Conclusion: Today, observing patients 'rights is one of the most important issues that should be placed at the top of the attention of health care programs, observance of patients’ bills of rights make people feel satisfied with respect for them at health care centers . So it is neceesery to inform patient and professional on patients’ bills of rights by publishing more attention to patients’ bills of rights result on better health care

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7

Morgan, Austen. "What Bill of Rights?" Northern Ireland Legal Quarterly 52, no. 3-4 (July 15, 2020): 234–68. http://dx.doi.org/10.53386/nilq.v52i3-4.666.

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8

D C R. "A Bill of Rights." Diabetes Care 12, no. 5 (May 1, 1989): 371. http://dx.doi.org/10.2337/diacare.12.5.371.

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9

Richman, Shaun. "Labor’s Bill of Rights." New Labor Forum 26, no. 3 (August 7, 2017): 28–34. http://dx.doi.org/10.1177/1095796017720915.

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10

Leonard, Stephen F. "Student's bill of rights." Music Educators Journal 72, no. 3 (November 1985): 34–35. http://dx.doi.org/10.1177/002743218507200303.

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11

Shushelski, Carolyn. "Patients' Bill of Rights." Healthcare Quarterly 3, no. 1 (September 15, 1999): 50–53. http://dx.doi.org/10.12927/hcq..16392.

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12

Liechty, John. "Aphasia Bill of Rights." Rehabilitation Nursing 36, no. 4 (July 8, 2011): 136–37. http://dx.doi.org/10.1002/j.2048-7940.2011.tb00080.x.

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13

Pienaar, Gerrit. "Konstitusionele voorskrifte rakende regspersone." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 1, no. 1 (July 10, 2017): 166. http://dx.doi.org/10.17159/1727-3781/1998/v1i1a2901.

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The interim Constitution of 1993 and the final Constitution of 1996 contain specific provisions applicable to juristic persons. Juristic persons are also entitled to the fundamental rights contained in the Bill of Rights to the extent that these rights are applicable to them. It must be kept in mind that juristic persons have peculiar characteristics and that the fundamental rights of juristic persons differ from those of natural persons. Juristic persons are also under the obligation to respect the fundamental rights of natural persons and other juristic persons to the extent provided for in the Bill of Rights. In the case of juristic persons acting as organs of state the vertical application of the Bill of Rights safeguards the fundamental rights of persons against state action or interference. The circumstances where juristic persons act as organs of state are discussed with reference to case law. Difference of opinion exists regarding the horizontal application of the Bill of Rights, that is the application of the Bill of Rights to private law relationships. In terms of the interim Constitution the Bill of Rights was applied horizontally in an indirect manner. Section 35(3) provided that the common and customary law must be developed by both the Supreme Court and the Constitutional Court to promote the values underlying an open and democratic society based on human dignity, equality and freedom, without completely abolishing the common and customary law. The final Constitution provides in section 8(2) that natural and juristic persons in private law relationships are also bound by the Bill of Rights if, and to the extent that, such rights are applicable, taking into account the nature of the rights and the nature of any duty imposed by such right. The direct horizontal application of the Bill of Rights is, however, limited by section 36. The extent of the rights of juristic persons and limitations on them in private law relationships are investigated, taking into account the right of freedom of association in terms of section 18. The variousprinciples to be taken into consideration in the case of clubs, religious organisations, educational institutions, political organisations and trading and professional institutions are discussed.

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14

Brun, Henri. "Feu la D.C.D. L'arrêt Miller et la peine de mort." Chronique de jurisprudence 18, no. 2-3 (April 12, 2005): 567–76. http://dx.doi.org/10.7202/042176ar.

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The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.

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15

Epp, Charles R. "Do Bills of Rights Matter? The Canadian Charter of Rights and Freedoms." American Political Science Review 90, no. 4 (December 1996): 765–79. http://dx.doi.org/10.2307/2945841.

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Although constitutional protection for rights is increasingly popular, there is little systematic research on the extent to which bills of rights affect the process of government. This article examines the effects a bill of rights may be expected to produce, and then uses a quasi-experimental design to analyze the effects of the Canadian Charter of Rights and Freedoms on the Canadian Supreme Court's agenda. The data suggest that the Charter indeed has influenced the Court's agenda, although the effects are more limited than generally recognized. More important, the data suggest that a number of the influences often attributed to the Charter likely resulted instead from the growth of what I call the support structure for legal mobilization, consisting of various resources that enable litigants to pursue rights-claims in court. The political significance of a bill of rights, then, depends on factors in civil society that are independent of constitutional structure.

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16

Garry, Patrick M. "Liberty through limits: The bill of rights as limited government provisions." Risk Governance and Control: Financial Markets and Institutions 3, no. 1 (2013): 122–43. http://dx.doi.org/10.22495/rgcv3i1c1art6.

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Under the modern view, individual autonomy has become the primary if not exclusive focus of the Bill of Rights. But the Bill of Rights came about not because of a desire to preserve individual autonomy, nor to insulate the individual from the democratic community. The impetus for the Bill of Rights arose from the same set of concerns that motivated the original Constitution. These concerns involved creating the appropriate structures so as to keep the new central government in check. The Bill of Rights sought to further ensure that the federal government would have limited power and operate in a limited role. Not only does this limited government model coincide with the original intent underlying the Bill of Rights, but it also provides for a more objective and manageable application. Under an individual autonomy view of the Bill of Rights, courts must define the ingredients necessary for such autonomy. However, this endeavor is fraught with ambiguity, and courts must constantly pit the individual against democratic society. But under the limited government model, the judicial role is more objective. Instead of trying to define an ambiguous individual autonomy, courts simply need to focus on whether a particular right is needed so as to maintain limited government. In addition, the limited government model does not put the Bill of Rights in conflict with democratic society. Instead, it just uses the Bill of Rights to maintain a check on government, just as the original Constitution seeks to do.

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17

Nelson, John O. "Against Human Rights." Philosophy 65, no. 253 (July 1990): 341–48. http://dx.doi.org/10.1017/s0031819100057648.

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Let me first explain what I am not attacking in this paper. I am not attacking, for instance, the right of free speech or any of the other specific rights listed in the U.S. Constitution's Bill of Rights or the United Nations' Charter. I am, rather, attacking any specific right's being called a ‘human right’. I mean to show that any such designation is not only fraudulent but, in case anyone might want to say that there can be noble lies, grossly wicked, amounting indeed to genocide.

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18

HIEBERT, JANET L. "Interpreting a Bill of Rights: The Importance of Legislative Rights Review." British Journal of Political Science 35, no. 2 (February 21, 2005): 235–55. http://dx.doi.org/10.1017/s000712340500013x.

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This article contests the widely held view that an effective bill of rights requires judicial interpretation of rights to prevail over political judgement. Most bills of rights reflect classical liberal assumptions that premise freedom and liberty on the absence of state intervention. Yet they govern modern welfare states that presume and require substantial state involvement, seen to various degrees as facilitating rather than restricting the conditions for robust and equal citizenship. Judges cannot provide answers that are so definitive or persuasive to questions about whether social policy is reasonable in terms of human rights that they rule out other reasonable judgements. Although these concerns are often used to justify rejecting a bill of rights, this article takes a different position. It argues that a political community can benefit from exposure to judicial opinions on whether legislation is consistent with rights, but should also encourage and expect parliament to engage in legislative rights review. The article discusses how three parliamentary systems have attempted to infuse more concern for rights in their processes of decision making, and concludes with suggestions on how legislative rights review can be strengthened.

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19

Craig, Elizabeth, and Laura Lundy. "Education rights in the Bill of Rights." Northern Ireland Legal Quarterly 52, no. 3-4 (July 15, 2020): 325–34. http://dx.doi.org/10.53386/nilq.v52i3-4.673.

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20

Webber, Frances. "Impunity entrenched: the erosion of human rights in the UK." Race & Class 63, no. 4 (April 2022): 56–80. http://dx.doi.org/10.1177/03063968221083193.

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In this article, the author provides a roundup of the UK Conservative government’s legislative programme in 2021, arguing that, in the service of an authoritarian agenda, it uses law to undermine the rule of law and executive accountability, and to criminalise marginalised and/or racialised groups, including asylum seekers and those helping them, black youth, protesters and human rights defenders, and Gypsies, Roma and Travellers. Through an analysis of various new bills that attack human and civil rights, including the Police, Crime, Sentencing and Courts Bill, the Nationality and Borders Bill, the Overseas Operations Act, the Elections Bill and the Judicial Review and Courts Bill, she demonstrates the cumulative impact of the legislative programme that has entrenched the demonisation of minorities and human rights defenders, whilst giving unprecedented powers to police, hobbling the courts, nobbling other regulators and blocking effective legal, political and public accountability for ministers. The result, she argues, is an erosion of human rights and the entrenchment of impunity for the government and its agencies.

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21

Cassidy, Julie. "Hollow Avowals of Human Rights Protection - Time for an Australian Federal Bill of Rights?" Deakin Law Review 13, no. 2 (December 1, 2008): 131. http://dx.doi.org/10.21153/dlr2008vol13no2art162.

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<p>Unlike the constitutions of many nations, such as the United States of America and the Republic of South Africa, the constitutions of the Australian States and Territories and the Commonwealth Constitution Act 1901 (UK) contain no bill of rights. Australia is the only western democracy without a federal bill of rights. The debate regarding the need for a bill of rights necessitates an understanding of what human rights the people of Australia already enjoy. If sufficient protection can be found in existing sources, does Australia really need a federal bill of rights? Opponents of a bill of rights state that we have sufficient protection from arbitrary government intervention in our personal affairs and thus a bill of rights is<br />unnecessary. There are a number of potential sources of human rights in Australia that might provide the suggested existing protection, including the common law, specific domestic legislation, international law and constitutional law. Each of these sources of human rights has, however,<br />important limitations. The focus of this article is on the inadequacy of the Australian constitutions as a source of purported protection. This in turn suggests that an alternative source of rights is needed – a federal bill of rights? In the course of this analysis the author makes suggestions for<br />reform; specifically how a federal bill of rights may address the paucity of constitutional protection.</p>

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22

Dube, Felix. "Neither Adopted nor Borrowed: A Critique of the Conception of the South African Bill of Rights." Potchefstroom Electronic Law Journal 23 (August 28, 2020): 1–26. http://dx.doi.org/10.17159/1727-3781/2020/v23i0a8794.

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The failure of the post-apartheid government to deliver on some of the promises of the South African Bill of Rights, coupled with the appropriation of the Bill of Rights by the international human rights movement, create the impression that the Bill of Rights is a neo-liberal instrument which is irrelevant to the needs of South Africans and the realities of their circumstances. If the people of South Africa are convinced that the Bill of Rights embraces a Western agenda more than it expresses their collective aspirations, it will lose its legitimacy. While acknowledging that the conception of the Bill of Rights is contested between the international human rights movement and some South Africans, this article shows that the Bill of Rights was neither adopted nor borrowed from the international human rights movement. South Africans did not assimilate the International Bill of Rights but conceived their own Bill of Rights in the early decades of the 20th Century. The conception of the South African Bill of Rights was a response to colonialism and apartheid and was not a consequence of tutelage by the international human rights movement.

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23

Finocchiaro, Charles J., and Bryan W. Marshall. "Committee Power and Amendment Rights in the U.S. House." American Review of Politics 25 (November 1, 2004): 265–84. http://dx.doi.org/10.15763/issn.2374-7781.2004.25.0.265-284.

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Much of the extant literature on legislative organization treats Congress’ jurisdictional framework as an exogenous facet of the political landscape. While bill referral and statutory rules are key institutional determinants shaping the politics of committee jurisdiction, we argue that important choices affecting committee power occur at post-referral stages of the legislative process, including actions taken by the Rules Committee. The analysis suggests that variation in amendment challenges to committee bills resulting from special rule decisions is systematically affected by key factors related to organizational theories of Congress. The findings have at least two important implications for committee power in the U.S. House. Special rule decisions can shape committee power by closing or opening access to committee products bill by bill. This result diminishes the significance of prior referral decisions granting committees the prerogative to exercise uninhibited discretion over policies within their jurisdiction. Furthermore, the findings demonstrate that patterns in amendment rights conferred by special rules respond systematically to majority party interests.

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24

Rajak, Komal. "Trajectories of Women’s Property Rights in India: A Reading of the Hindu Code Bill." Contemporary Voice of Dalit 12, no. 1 (March 7, 2020): 82–88. http://dx.doi.org/10.1177/2455328x19898420.

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The right to property is especially sacrosanct since the state of financial deficit renders women’s condition very much pathetic in a patriarchal society. In order to get a clear picture of women’s property rights in a caste based patriarchal society like India, here, the Hindu Code Bill is taken into consideration as a major plot because the bill has a history of egalitarian dialogue and had been initiated as an effort to make an egalitarian structure, wherein women would be enjoying property rights as equal to men. This article deals with the trajectories of women’s property rights in India after the introduction of the Hindu Code Bill. So, the focus area of the study is on women’s rights in ancient Indian laws and their development in modern laws since the colonial period to the Hindu Code Bill.

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25

Keiser, Kurt J. "Our Toxic Bill of Rights." Journal of Economic Issues 56, no. 2 (April 3, 2022): 607–15. http://dx.doi.org/10.1080/00213624.2022.2065865.

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26

Mayo, Michael L. "An Analyst’s Bill of Rights." CFA Institute Conference Proceedings Quarterly 29, no. 2 (June 2012): 64–69. http://dx.doi.org/10.2469/cp.v29.n2.1.

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27

Butler, Andrew S. "Strengthening the Bill of Rights." Victoria University of Wellington Law Review 31, no. 1 (April 3, 2000): 129. http://dx.doi.org/10.26686/vuwlr.v31i1.5975.

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This article was presented as a Victoria University of Wellington Centennial Lecture during Law Festival week in 1999. The author critically examines two aspects of the current operational structure of the New Zealand Bill of Rights Act 1990—the subordination of the Bill of Rights to all enactments (section 4) and the issue of "positive vets" of proposed legislation by the Attorney-General (section 7). The author identifies them as weaknesses, and makes suggestions as to possible improvements.

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28

Alspach, JG. "The preceptor's bill of rights." Critical Care Nurse 7, no. 1 (January 1, 1987): 1. http://dx.doi.org/10.4037/ccn1987.7.1.1.

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29

Heringa, Aalt Willem. "Europe's Common Bill of Rights." Maastricht Journal of European and Comparative Law 3, no. 1 (March 1996): 1–4. http://dx.doi.org/10.1177/1023263x9600300101.

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30

Monippallil, Matthew. "Update: Taxpayer's Bill of Rights." Journal of Education for Business 65, no. 4 (January 1990): 160–63. http://dx.doi.org/10.1080/08832323.1990.10117418.

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31

Rathbone, Charles H. "A Learner's Bill of Rights." Phi Delta Kappan 86, no. 6 (February 2005): 471–73. http://dx.doi.org/10.1177/003172170508600613.

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32

D'Aguiar, Fred. "Bill of Rights: An Excerpt." Callaloo 21, no. 1 (1998): 227–35. http://dx.doi.org/10.1353/cal.1998.0004.

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33

Damrow, John, Kjetil Gaarder, Shefali Chopra, George Scola, Kathleen Bourque, Tatiana Perez, Magda Perez, and Anthony Quek. "Global Stroke Bill of Rights." International Journal of Stroke 9, no. 8 (November 10, 2014): 964. http://dx.doi.org/10.1111/ijs.12399.

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34

Miller, Mark. "A clean bill of rights." Measuring Business Excellence 2, no. 3 (March 1998): 58–63. http://dx.doi.org/10.1108/eb025545.

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35

Ibrahim, Noha. "The Sudanese Bill of Rights." International Journal of Human Rights 12, no. 4 (September 2008): 613–35. http://dx.doi.org/10.1080/13642980802204792.

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36

Young, Jamie. "A Consumer Bill of Rights." Oncology Issues 12, no. 6 (December 1997): 6. http://dx.doi.org/10.1080/10463356.1997.11904716.

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37

Lock, Geoffrey. "The 1689 Bill of Rights." Political Studies 37, no. 4 (December 1989): 540–61. http://dx.doi.org/10.1111/j.1467-9248.1989.tb00288.x.

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Following the disastrous reign of James II, the Bill of Rights was introduced to curb future arbitrary behaviour by the Crown. Five of the thirteen Articles are still active and cases illustrating their use in the courts are described. The courts have enforced the requirement for parliamentary consent to taxation and the ban on the executive's power to suspend statutes but have been less strict over the dispensing power. Article 9, on parliamentary freedom of speech, is in active use, and developments in Australia and Canada are reviewed. Scotland's own legislation – the Claim of Right – is discussed briefly. Most of the Bill probably does not apply to Northern Ireland. Opinions vary on the Bill's importance but in the author's view it is still a potent force.

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38

Mott, Sandra. "The Pediatric Bill of Rights." Journal of Pediatric Nursing 29, no. 6 (November 2014): 709–11. http://dx.doi.org/10.1016/j.pedn.2014.08.008.

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JEFFCOAT, MARJORIE K. "A Dentists' Bill of Rights." Journal of the American Dental Association 133, no. 5 (May 2002): 540–41. http://dx.doi.org/10.14219/jada.archive.2002.0214.

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40

Colosi, Peter J., and William V. Williams. "Bill of Rights for Children." Linacre Quarterly 81, no. 4 (November 2014): 298–301. http://dx.doi.org/10.1179/0024363914z.00000000093.

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41

Gibbs, Sir Harry. "A CONSTITUTIONAL BILL OF RIGHTS?" Australian Journal of Public Administration 45, no. 2 (June 1986): 171–75. http://dx.doi.org/10.1111/j.1467-8500.1986.tb01528.x.

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42

Rummler, Geary A., and Matthew E. Rummler. "Commentary: Employee “bill of rights”." Performance Improvement 41, no. 3 (March 2002): 5–7. http://dx.doi.org/10.1002/pfi.4140410303.

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43

Abemayor, Elliot. "A Physicians' Bill of Rights." Archives of Otolaryngology–Head & Neck Surgery 137, no. 5 (May 16, 2011): 430. http://dx.doi.org/10.1001/archoto.2011.54.

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44

Geiringer, Claudia. "The Constitutional Role of the Courts under the NZ Bill of Rights: Three Narratives from Attorney-General v Taylor." Victoria University of Wellington Law Review 48, no. 4 (December 1, 2017): 547. http://dx.doi.org/10.26686/vuwlr.v48i4.4727.

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In Attorney-General v Taylor, New Zealand's Court of Appeal upheld the High Court's recognition, and exercise, of an implied jurisdiction to make (non-binding) declarations of legislative inconsistency with the New Zealand Bill of Rights Act 1990 (the NZ Bill of Rights). Recognition of this novel jurisdiction says something important about the evolution of judicial-legislative relations under the NZ Bill of Rights. The question is: what exactly? This article suggests that a close analysis of the Court of Appeal's decision in Taylor in fact discloses three interwoven narratives that speak to the constitutional role of the courts in enforcing the NZ Bill of Rights: the NZ Bill of Rights as "legal benchmark"; the NZ Bill of Rights as "facilitator of inter-branch dialogue"; and the "common law-fuelled bill of rights". The article unpicks these narratives, explores the relationship between them and discusses the extent to which they succeed in accommodating or justifying the new declaratory remedy.

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45

Geiringer, Claudia. "Inaugural Lecture: Mr Bulwark and the Protection of Human Rights." Victoria University of Wellington Law Review 45, no. 2 (August 1, 2014): 367. http://dx.doi.org/10.26686/vuwlr.v45i2.4958.

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This is the text of the author's inaugural lecture as a Professor at the Faculty of Law at Victoria University of Wellington. The author discusses the nature of entrenched bills of rights as a protection mechanism for human rights, particularly focusing on New Zealand and its Bill of Rights Act and the author's personal journey as a scholar. In the first part of the lecture, the author contrasts her intellectual journeys on constitutions and bills of rights with that of the previous generation, which includes the likes of Sir Kenneth Keith and Sir Geoffrey Palmer. The author suggests that the experience of both generations have been both the same and different due to the political and constitutional climates. In the second part of the lecture, the author argues that we are now in a position to start reaching definitive conclusions about how well the New Zealand Bill of Rights Act 1990 has worked by drawing on her own research. The author concludes that it is time for reform, suggesting that judges need more power to enforce constitutional rights.

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46

Doody, Jobn A. "The Right Way to Think About the Rights of the Bill of Rights." Social Philosophy Today 8 (1993): 3–20. http://dx.doi.org/10.5840/socphiltoday1993859.

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47

Cranmer, Frank. "Parliamentary Report." Ecclesiastical Law Journal 18, no. 3 (August 8, 2016): 343–48. http://dx.doi.org/10.1017/s0956618x16000594.

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On 9 May, the EU Justice Sub-Committee of the House of Lords, chaired by Baroness Helena Kennedy QC, published a report on the Government's proposals to repeal the Human Rights Act and replace it with a new Bill of Rights – and suggested that there was a forceful case for a Government rethink: The proposals the Secretary of State outlined did not appear to depart significantly from the Human Rights Act – we note in particular that all the rights contained within the ECHR are likely to be affirmed in any British Bill of Rights. His evidence left us unsure why a British Bill of Rights was really necessary. If a Bill of Rights is not intended to change significantly the protection of human rights in the UK, we recommend the Government give careful thought before proceeding with this policy … the repeal of the Human Rights Act and its replacement by a Bill of Rights would be a constitutional change of the greatest significance.

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48

Rautenbach, IM. "Regspraak: Die konstitusionele hof verwyder die reg van werknemers om nie onbillik ontslaan te word nie uit die beskermingsveld van die handves van regte – grondwetlike gesigspunte." Tydskrif vir die Suid-Afrikaanse Reg 2021, no. 1 (2021): 145–59. http://dx.doi.org/10.47348/tsar/2021/i1a9.

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Section 39(2) of the Constitution of the Republic of South Africa, 1996, recognises the existence of rights not protected in the bill of rights. The South African bill of rights protects human conduct and interests extensively. Before the AMCU judgment was delivered, no clear example of a right not protected by the bill of rights had been identified in case law and legal literature. In the AMCU case the constitutional court deviated from previous judgments by holding that the interests of employees not to be dismissed unfairly is not covered by the right to fair labour practices in section 23(1) of the constitution. The court based its finding on textual and contextual interpretive considerations. Its interpretation of section 23(1) was not sound. A narrow, grammatical approach, namely that the text of section 23(1) does not refer expressly to such a right, cannot be followed when the meaning of open-ended constitutional phrases like “fair” labour practices is determined. And an extra-textual reference to the protection of the right in ordinary law is not relevant when the meaning of a constitutional provision is determined. Aspects of human dignity and physical and psychological integrity cannot be removed from the protective ambit of the bill of rights because they are protected by ordinary rules of the law of delict and criminal law. Viewed contextually with the other provisions of the bill of rights, the constitutional right to fair labour practices, like the right to access to housing, food, health and social services, children’s rights and criminal and civil procedural rights, protects other constitutional rights in a particular field, in this case in the field of labour relations. Apart from the fact that it can hardly be contested that every employee has a vital interest not to be dismissed unfairly, many other rights, for example, to human dignity, physical and psychological integrity, economic activity, association and audi alteram partem, may be limited factually by dismissals and dismissal procedures. The scheme and ethos of the South African bill of rights is that these special rights that overlap with the general rights are guaranteed separately. Within this context one of the ironies of the artificial exclusion of a right from the protective ambit of the special right is that its violation may, like in systems without these special rights, be challenged on the basis of the unjustifiable limitation of the general rights. A rule of thumb that the protective ambit of constitutional rights should be interpreted restrictively because the application of the weak rational relationship test as part of the rule of law serves the separation of power principle better than the application of the stricter reasonable test for the limitation of constitutional rights (in the separate concurring judgment of Theron J) is questionable. Whereas legality as part of the rule of law is always complied with when the weak rationality relationship exists, reasonableness in terms of section 36 does not always amount to the application of a stricter test. The existence of a very compelling purpose (to combat a pandemic that threatens life and limb) or a factually slight limitation of a right (to stop at a stop sign) could be the basis of a conclusion that the limitation is justifiable when the weak rational relationship test is complied with. The court’s consideration of proportionality under the umbrella of the application of the weak rational relationship test causes more uncertainty in the present somewhat unruly field of the application of rationality tests.

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Figueira, Márcio Alves, and Rodrigo Vicente Maia Mendes. "A FUNDAMENTAÇÃO KANTIANA DA DOUTRINA DA INCORPORAÇÃO DO BILL OF RIGHTS." Revista Brasileira de Filosofia do Direito 5, no. 2 (December 20, 2019): 61. http://dx.doi.org/10.26668/indexlawjournals/2526-012x/2019.v5i2.5831.

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RESUMOO artigo científico visa esclarecer a fundamentação kantiana da doutrina da incorporação do Bill of Rights. A Suprema Corte dos Estados Unidos estendeu o Bill of Rights aos Estados. Neste trabalho pretendemos demonstrar a fundamentação kantiana na doutrina da incorporação do Bill of Rights, abordando a corrente filosófica do utilitarismo e do contratualismo. Em primeiro lugar, examinaremos o precedente da Suprema Corte dos Estados Unidos Gideon v. Wainwright (1963) e em seguida analisaremos filosoficamente o precedente. Em relação aos procedimentos metodológicos esta pesquisa caracteriza-se como qualitativa e descritiva, uma revisão de literaturas por meio de livros, revistas especializadas e periódicos.Palavras-Chave: Bill of Rights; Doutrina da Incorporação; Utilitarismo; Contratualismo; Imperativo categórico kantiano. ABSTRACTThe scientific article aims to clarify the Kantian foundation of the doctrine of incorporation of the Bill of Rights. The United States Supreme Court has extended the Bill of Rights to the states. In this paper we intend to demonstrate the Kantian grounding in the doctrine of incorporation of the Bill of Rights, addressing the philosophical current of utilitarianism and contractualism. First, we will examine the precedent of the United States Supreme Court Gideon v. Wainwright and then we will philosophically analyze the precedent. Regarding the methodological procedures this research is characterized as qualitative and descriptive, literature review through books.Keywords: Bill of rights; Doctrine of Incorporation; Utilitarianism; Contractualism; Kantian categorical imperative.

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Coggins, Porter E., Janet A. Heuer, and Michael A. Anderson. "A Crisis in Civic Conscience in the United States? Knowledge and Understanding of the U.S. Bill of Rights among a Group of Undergraduate Students Citizens of the United States." World Journal of Social Science 7, no. 1 (January 11, 2020): 12. http://dx.doi.org/10.5430/wjss.v7n1p12.

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Three groups of undergraduate student citizens of the United States at a regional public university were surveyed regarding their knowledge of the Bill of Rights of the Constitution of the United States. Additionally, the findings of a focus group discussion of Honors students regarding this same topic are presented and discussed. A fifteen-statement questionnaire was administered to 66 First Year Experience (FYE) undergraduate students, 50 senior students, and nine Honors students. Ten of the statements were quotes from the Bill of Rights amendments and five statements were foils which were not among the Bill of Rights amendments. A focus group discussion with the Honors students revealed several themes including those of rights and responsibility for educational curricula on the Bill of Rights. Analysis of the data indicated that these three groups did not present evidence of deep knowledge of the Bill of Rights by amendment number. We interpret the general lack of knowledge of the Bill of Rights as a warning regarding of the lack of value of the Bill of Rights and citizenship by state and federal governments and raise a concern of the possibility of a growing crisis in civic conscience of the citizenry of our country unless significant educational-policy countermeasures are taken.

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