Article III: Bill of Rights
Bill of Rights- declaration and enumeration of the individual rights and privileges which the constitution had designed to protect against violation of the Government or by individual or group of individuals.
Classes of Right
1. Natural Rights- right of each individual without being granted by the state.
2. Constitutional Rights- rights that are being stated in the Constitution.
3. Statutory Rights- rights that are being given by a certain statute.
Classification of the Constitutional Rights
1. Political Rights- power to participate.
2. Civil Rights- right of someone to enjoy their means of happiness
3. Social and Economic Rights- security of their well-being and economic security of each individual.
4. Rights of the Accused- right being made intended to those being accused.
Some of the Rights Stated in Article III
1. Right of life- right to choose freely.
2. Right to own a property- it is the right of an individual to own a property without any threat being
faced. The government should not confiscate anything that an individual owns without the due
process of law.
Eminent Domain- it is the power of the government to acquire any private property provided that the acquiring of the property is intended for the use of the Public and there is a due process of law that had undergo between the Government and Private property owner.
3. Right of Liberty- it is the right of an individual to go anywhere he likes.
4. Right to be secured from any unreasonable searches and seizures- it is the right of an individual to be safeguarded from any searches and seizures being made in his house, documents and property without a search warrant or a warrant of arrest.
Warrant of Arrest- an order in writing signed by a judge stating that a person should be arrested.
Search Warrant- an order in writing signed by a judge stating for a search for a something.
5. Right of Privacy- it is the right to be left alone.
6. Right of Speech and expression of ideas- individual right which is to be used to express emotion, ideas about a certain issue or anything provided that there is no violation of anyone’s right and does not put in danger the Government.
7. Right to choose freely a Religion-There is a clear separation of the Government and the church. So it is given that any individual has the right to choose his religion and follow it’s practices without the violation of the law.
8. Right to form a Union, Association or Societies.
9. Right to Assembly
10. Right to Petition
Some of the Rights given to the accused
11. Right to have a free access to the courts and to have an adequate legal assistance.
12. Right to remain silent
13. Right against the use of force, torture, violence, threat, intimidation and any other means which vitiates the free will.
14. Right to undergo the process of law in times of any criminal offense.
15. Right to have a Speedy Trial
16. Right to confrontation of the witness
17. Right against self-incrimination
18. Right against illegal detention by reason of Political beliefs and aspirations
19. Right against excessive fines- a fine given to a person should be based on the two categories.
20. Right against double jeopardy.
The Principle of the Poisonous Tree
-it is the principle which states that any evidence acquired illegally will not be used in any trial proceedings. It is due to the fact that in the acquiring of those illegal evidences had undergo a violation of the law in which is not allowable by the constitution.
In any right vested by the constitution, there should be an observation of the law. Any violation of the law in the exercising of those rights is to be considered as a crime.
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