法律英语词汇“bill of rights”的翻译、意思、用法、释义-法律词典

单词

bill of rights

释义

bill of rights

bill of rights a document, frequently but not essentially, of high stand-

bill of rights

ing in CONSTITUTIONAL LAW, which sets out protections for the citizen, usually from the state itself. Three notable examples now follow:

In the UK, an Act of the English parliament in 1689 on the assump- tion of the throne by William and Mary. It was a reaction to the excesses of the Stuart kings and declared the pre-eminence of Parlia- ment and the constitutional restraints on the monarch. Parliament's right to levy money and free speech in Parliament were expressly provided for. Excessive bail and cruel and unusual punishments were forbidden. It went on to provide for the Protestant succession. In Scotland the CLAIM OF RIGHT was to the same effect. It is not, how- ever, like the two more modern documents now considered.

In the USA, the first ten amendments of the Constitution of the USA. They protect, inter alia, the freedom of expression, freedom of the press, freedom of religion, the right to assembly and procedural rules in criminal matters. Although they would appear to relate only to federal matters, the Fourteenth Amendment, enacted to protect Blacks after the Civil War, provides two clauses that have enabled the US Bill of Rights to extend to the states. The 'due process' clause has been treated as allowing the basic rights to be treated as apply- ing to states, thus in Roe v. Wade 410 US 113 (1973) the Supreme Court struck at state abortion legislation. The 'equal protection' clause is directed towards discrimination and has allowed the court to inter- fere with state education policy: Brown v. Board of Education 347 US 483; 349 US 294 (1955).

In Canada, the Canadian Bill of Rights, properly so called, was

enacted in 1960. It was, and is, a code of conduct to be followed in the creation of federal legislation – it is similar to the US Bill of Rights and protects traditional freedoms. Subsequently there has been enacted the Charter of Rights and Freedoms, which is entrenched in the constitution in Part I of the Constitution Act 1982 (Canada). The Bill of Rights remains law, and there are matters in the Bill that are not in the Charter, and vice versa. The Charter is founded on a cate- gorisation of civil liberties into 'egalitarian liberties', relating to equal- ity under law; 'legal liberties', covering protection under the crimi- nal code; and 'political liberties', like freedom of speech, assembly, etc. New categories of rights were included: 'mobility rights' and 'linguistic rights', which protect people's right to use their language if it is French or English. The Charter goes further and provides for

board meeting

education in the first language learned and understood; it provides aboriginal rights. The 'reasonable limits' upon the Charter rights have been explored by the Supreme Court in R v. Oakes [1986] 1 SCR 103 and R v. Edwards Books [1986] 2 SCR 713. See also HUMAN RIGHTS.

随便看

法律词典收录了2351条英汉双解法律词条，基本涵盖了常用法律英语单词及短语词组的翻译及用法，是法律学习的有利工具。