Constitutional Law

What Are The Human Rights and Entitlements

What Are The Human Rights and Entitlements

Human rights are the basic rights and freedoms that are entitled to every person, regardless of their nationality, race, gender, or any other factor. These rights are essential for the protection and well-being of individuals and are recognized and protected by the law.

The concept of human rights dates back to ancient civilizations, where people were entitled to certain rights and protections. However, the modern concept of human rights emerged after the atrocities committed during World War II. The Universal Declaration of Human Rights was adopted by the United Nations in 1948, and it outlines the fundamental human rights that should be protected by every country.

There are several categories of human rights, including civil and political rights, such as the right to freedom of speech, religion, and assembly, and the right to participate in government. There are also economic, social, and cultural rights, such as the right to education, healthcare, and adequate standard of living.

While many countries have laws and provisions protecting human rights, violations still occur frequently around the world. These violations can take many forms, such as discrimination, torture, and arbitrary detention.

One of the most significant human rights issues today is the refugee crisis. Millions of people are forced to flee their homes due to war, persecution, and violence, and many are denied their basic human rights. This crisis highlights the importance of protecting and upholding human rights, no matter the circumstances.

Another important aspect of human rights is their universality. Despite cultural differences and varying moral beliefs, human rights apply to all individuals, regardless of their background. They are not up for negotiation or debate, and every person deserves to have them respected and protected.

In conclusion, human rights are an essential foundation for a just and peaceful society. They ensure that individuals have the freedom to live their lives without undue interference or fear of discrimination or persecution. Upholding human rights is not only a moral obligation but also a legal responsibility of every government and individual.


A basic concern of the practice of a constitution is the protection of what we would now term human rights, which at another point in human history were referred to as natural rights. In a more neutral sense, a typical constitution might be understood as providing a codified structure for the functions and operation of government. In placing government operations on a regular basis, however, the state’s relations with its citizens are also normalized, which generally tends toward the end of assuring the liberties and privileges associated with human rights.

In Constitutional law, the abuse or other impermissible use of power by the authorities comes under the heading of the Latin phrase, or “beyond the powers” This provision allows for the violation of human rights by such people to be prosecuted, and does so not in explicit citation of the humanitarian reasons for doing so, but in the procedural terms of such people going beyond their allowable limits. When members of a government go beyond the powers granted to them in their constitution or by statutes of law, then they can be considered “ultra vires”.

Similarly, lawful acts which are nonetheless offensive toward human rights or in some other undesirable way can generally be addressed by a constitution. In most systems of constitutional law, the constitution is understood as the basis for law and thus takes precedence over statutes. Statutes which are found in violation of the applicable constitution can generally be declared null and void ab initio, or “from the creation”.

Human rights are guaranteed in the United States Constitution primarily through the avenue of the Bill of Rights, the collective name for the first ten Amendments made to the Constitution, the passage of which was, it should be noted, an informal requirement for ratification of the document to be effected. Prior to the formation of modern instruments for the enforcement of human rights, the concept first arrived into European intellectual currents under the heading of natural rights. Up to that time, European thought had been dominated by the precepts of classical philosophy and strictures of Christian theology.

A newly scientific and objective mode of thought led to the conception of the original state of humans as being one in which they could freely exercise innate behaviors and actions. This idea allowed for the modern basis of Constitutional law, as seen in the United States, in which the formulation of the United States Constitution was conceived in terms of securing to the country’s citizens the rights which it was assumed they would freely use if not for the restraints of society.

European thinkers arrived at the idea of natural rights partly through observation of indigenous and tribal peoples elsewhere in the world, whose societies were often assumed to be less restricted than those of Europe. Modern human rights theory avoids such generalizations about early human society, but proceeds to the similar conclusion that certain rights are innately due to all people.

Understanding The Constitution Function Types

Understanding The Constitution Function Types

The United States Constitution is the foundation of the American legal system. It is a complex document that establishes the framework for the government of the United States and outlines the rights and responsibilities of citizens. In order to understand the Constitution, it is essential to be familiar with its functions and types.

Functions of the Constitution:

The Constitution serves several functions, the most important of which are:

1. Establishing the Framework for Government: The Constitution outlines the structure of the federal government, including the three branches of government (legislative, executive, and judicial), and establishes the responsibilities and powers of each branch.

2. Protecting Fundamental Rights: The Constitution protects the fundamental rights of American citizens, including freedom of speech, religion, and the press, the right to bear arms, and the right to a fair trial.

3. Providing a System of Checks and Balances: The Constitution establishes a system of checks and balances that ensures that no one branch of government becomes too powerful. This system prevents any one person or group from taking control of the government.

Types of the Constitution:

There are two types of constitutions: written and unwritten.

1. Written Constitution: The United States Constitution is a written constitution. A written constitution is a document that lays out the structure and powers of the government, as well as the rights and responsibilities of citizens. The advantage of a written constitution is that it provides a clear framework for the government and outlines the basic rules that govern society. The disadvantage is that it can be difficult to amend, as it requires a complex, multi-step process that involves both the federal government and the state governments.

2. Unwritten Constitution: An unwritten constitution is a set of unwritten rules and traditions that govern the country. Unlike a written constitution, an unwritten constitution is not codified in a single document. Instead, it is based on a variety of sources, including court decisions, historical precedent, and customs. The advantage of an unwritten constitution is that it is more flexible than a written constitution, as it can be adapted to meet changing societal needs. However, the disadvantage is that it can be less certain, as it is based on less concrete rules and traditions.

In conclusion, the United States Constitution is the backbone of the American legal system. It serves several important functions, including establishing the framework for government, protecting fundamental rights and providing a system of checks and balances. The Constitution is a written constitution, which provides a clear framework for the government and society. Understanding the Constitution is essential to understanding American law and the principles upon which it is based.


Constitutions can vary according to the kind of political entity they govern and the extent to which they govern it. In this sense, perhaps the most widely considered form of constitutional law is that placed on a national level, as in the case of the United States Constitution, generally considered the modern world’s most influential constitution.

 Constitutions may exist for specific regions, provinces or states within the larger framework of a nation and, in that sense, national constitutional law. Constitutional theory also allows for the possible existence of a constitution across national borders, or in the terminology of this area, a supranational constitution. Groups which are not formerly part of governments but which exist for the express purpose of influencing politics, such as unions, interest groups and parties, are likely to also have constitutions. Outside of the political realm, the written framework for large organizations is not often referred to as a constitution but may be plausibly referred to as one.

The essential concept of a constitution is tied in with writing and codification. That being said, some constitutions exist on an unwritten basis. To reach far back in history, the organization of the Iroquois Nation of North America, believed to have occurred somewhere around the 11th and 12th centuries, occurred without any writing but possessed enough similarities to the developing European model for constitutional law to be later cited by the “Founding Fathers” of the United States as an influence.

The best-known of the unwritten constitutions, and one furnished by the European experience, is that of the United Kingdom, which, through its early control over the North American colonies and in other ways, profoundly influenced the rights and provisions addressed in the written United States Constitution.

Another division to be drawn between constitutions can be found on the issue of whether or not they are codified. Codification is the most strategic in constitutional law, but several constitutions exist in the world that are in uncodified form. The concept is similar but not identical to the issue of whether a constitution is written.

Codification generally allows constitutional law to serve as precedent in court over statutory law, as, for instance, in the United States a law might be rejected by the Supreme Court for being unconstitutional. Codification generally occurs first at a single and identifiable historical moment, as in the United States’ transition from the Articles of Confederation to a period of Federal power.

Codification of constitutional law generally identifies and firmly guarantees its most basic principles. By contrast, constitutions which are not codified rely on a past body of legal precedent as it has gradually taken shape, rather being decisively put into practice. Non-codified constitutions can be found in complete form in the United Kingdom, Israel and New Zealand, while only partially codified constitutions also exist in Australia and other nations, in the sense of some fundamental principles lying outside the primary document of the constitution. Non-codified constitutions are likely to be “written,” however, in the sense of being enumerated in written documents.

Function of a Constitution

Function of a Constitution

The Constitution of the United States is the supreme law of the land and sets the foundation of the American government. It outlines how the government is structured, the powers it holds, and the rights and freedoms of the people. Here are some of the primary functions of the Constitution:

1. Establishes the structure of government: The Constitution outlines the structure of the government and the powers assigned to each branch. The legislative branch, which is made up of the House of Representatives and the Senate, has the power to make laws. The Executive branch, headed by the President, is responsible for executing and enforcing these laws, and the judicial branch, which includes the Supreme Court, is responsible for interpreting the laws.

2. Defines the powers of the government: The Constitution defines the powers of the federal government and, in doing so, sets boundaries and limits on these powers. The Bill of Rights, a group of ten amendments added to the Constitution in 1791, specifically outlines the fundamental rights of individuals that the government cannot infringe upon.

3. Provides for the separation of powers: The Constitution establishes a system of checks and balances to prevent any one branch of government from becoming too powerful. This encourages the branches to work together, keep each other in check, and maintain the balance of power.

4. Enables the amendment process: The Constitution can be amended to address changes in society and to correct ineffective or outdated provisions. The amendment process is rigorous, requiring two-thirds of both the House of Representatives and the Senate to propose changes and three-fourths of the states to ratify them.

5. Grants states the right to govern: The Constitution gives states the power to govern themselves and creates a system of federalism that divides power between the federal government and the states. This system allows states to create and enforce their own laws, as long as they do not conflict with federal laws.

6. Provides a fundamental framework for American society: The Constitution provides a foundation for American society and culture, promoting the values of democracy, freedom, and equality under the law. It has become a symbol of American values and a beacon of hope for those seeking a better way of life.

Overall, the Constitution is a multifaceted document that provides the foundation for the American government, society, and culture. It defines the powers and responsibilities of the government, establishes checks and balances, protects individual rights, encourages cooperation between the government and the states, and provides a framework for a democracy that has stood strong for over 200 years.


The function of a Constitutionis to provide for the governmental powers, the legal system, and the rights ofcitizens in the nation. The modern model for the proper function ofconstitutions is provided by the United States Constitution. Laws that are ultra vires, or”beyond the powers,” may be found with officials given certain powersunder the Constitution but denied others, the latter of which they exercise.Similarly, laws which are found to infringe on the rights of the citizens theyaddress will be declared null and void ab initio, or “from the beginning.”

The Importance of Constitutional Law

The Importance of Constitutional Law

Constitutional law is an essential foundation of the United States' existence as a unified and centrally-administered nation. The nation's Constitutional laws were passed early on, but not immediately, in the nation's history. Constitutional law was preceded by the looser framework of the Articles of Confederation, the set of laws initially created by the Second Continental Congress while the Revolutionary War was still raging.

Unlike Constitutional law, this embryonic form of the nation's legal system vastly favored individual states over the Federal Government, which at that point possessed only limited rights. The loose format of the Articles of Confederation accorded well with the enthusiasm for independence felt during the Revolutionary War. During the early year of the country's safe and effective independence from England it came to seem to some, though not to all, political observers and figures to be insufficiently effective.

The initial impetus for the creation of centralized Constitutional laws came from the Annapolis Convention, held in September 1784 between Delaware, Virginia, New York, New Jersey, and Pennsylvania to discuss the Articles' insufficiency for regulating commerce. Due to the low level of attendance, the Convention produced only an invitation to the other states to attend a later convention for revising the national legal system. This invitation was accepted by all of the states save Rhode Island.

The resultant Constitutional Convention began in May 1787. To clear the hurdle of the controversy stirred up by the prospect of more extensive Constitutional laws, the Convention adopted the resolution that ratification would depend on only nine out of thirteen states.

Debates on Constitutional laws revolved around two opposing programs for legislation. James Madison, generally considered the leading figure behind the movement toward Constitutional law, proposed what was termed the Virginia Plan, which was opposed by the so-called New Jersey Plan, as formulated by William Paterson. Beyond the varying individual details that differed between these two plans, their basic philosophical divide existed on the balance of power between larger and smaller states.

The Virginia Plan gave larger states a proportionally greater share in the national legislature, while the New Jersey Plan was based on the principle of equal rights. The "Great Compromise" was brokered to resolve this issue, thereby creating the American electoral system and the structure of two Houses of the Legislature.

Securing the ratification of the Constitution by the required nine states was a fraught process. The last of the required ratifications was made by New Hampshire. Once the authorization of Constitutional law was thus secured, the hold-out states of New York, Virginia, Rhode Island, and North Carolina gradually followed in ratifying the Constitution.

To mollify the many opponents of the proposed Constitution, the drafters made a promise to later pass the ten Amendments which after the fact would become known as the Bill of Rights. Having been initially discussed during the 1788 debates, the Bill of Rights were formally proposed by Madison in 1789 and became a primary tenet of Constitutional law in 1791.