What Is The Bill of Rights?

In almost any democratic, republican and free society there is the concept or idea of the Bill of Rights.

When we hear or read the word “bill of rights”, what comes to mind is the Bill of Rights in the Constitution or the American Constitution. Almost every country that has a constitution, particularly a written constitution in contrast with the unwritten constitution has this concept of bill of rights embodied or is part of that very Constitution of that country.

Now every written constitution of any country has three (3) basic parts, namely: a.) constitution of sovereignty; b.) constitution of rights; and c.) constitution of government.

The constitution of sovereignty is that part of the constitution which concerns about the freedom and independence of the people that is ordaining or promulgating the constitution from outside or external control.

The constitution of rights is the part of any written constitution which recognized and guaranteed all the people’s rights against government abuse, control or unwarranted interference.

And finally, the constitution of government is that part of the constitution which concern on how the people what to be govern themselves by establishing or setting up the form or type of government that will best serve and advanced their interest.

Bill Of Rights As Indispensable Part Of Any Written Constitution

   No modern constitution could exist without providing for and recognizing the rights of its people or citizens in the part or portion of its constitution known as the Bill of Rights.

The Bill of Rights as the name implies, are those enumerated rights of the people that already exist even before the making or drafting or the promulgation of any written constitution.

It must be noted and remember that the State or the government did not give or grant these set of rights to the people but rather the State or government merely recognize the existence of these rights, advance and promote this rights.

The people did not owe the Bill of Rights to their government but these Bill of Rights were first and foremost formally embodied or incorporated in the formal document known as the constitution as a check and limitation upon government powers.

Without the existence of the Bill of Rights, the government will become too powerful enough to be legally and constitutionally omnipotent. If there is no constitutional and legal limitation to the power of the government then there is a greater tendency that such particular government will be abusive, oppressive and despotic.

In other words our rights as these are embodied and are formally enumerated in the Bill of Rights are our own very birthright the moment that we are born as a member of any given society.

An analysis of the interplay between governmental powers on the one hand and the rights of the citizens on the other hand is always a conflict between governmental authority and the rights of citizens.

As to whether authority will prevail over rights or those rights will prevail over authority or whether there will be a sense of balance between rights and authority will depend upon so many factors. (to be continue)