Legal Groundup

Legal Studies from the ground up

Application Excercise 6l

EXAMPLE COUNTRY – UNITED STATES OF AMERICA

The approach adopted by the United States of America when it comes to protecting rights is that the USA has a Bill of Rights, which refers to the first 10 Amendments to the US Constitution of 1791 with further amendments having since been added. 

The US Bill of Rights protects an extensive list of express rights that are entrenched, meaning the bill of rights is part of the US Constitution, and these rights can only be changed by a successful referendum to change the Constitution. The referendum procedure in the US is much more complicated compared to the referendum process in Australia.

The US Bill of Rights protects an extensive list of express rights that are entrenched, meaning the bill of rights is part of the US Constitution, and these rights can only be changed by a successful referendum to change the Constitution. The referendum procedure in the US is much more complicated compared to the referendum process in Australia.

The express rights protected are:

 

Further amendments to the Constitution, being Amendments 11-27, were added to protect additional rights. They are:

Source: https://nccs.net/online-resources/us-constitution/amendments-to-the-us-constitution/amendments-11-27

 

The US Supreme Court has recognised implied rights within the US Bill of Rights. One implied right protected is the implied right to privacy.

Rights are fully enforceable by the Supreme Court, who can declare invalid any law that infringes the protected rights in the Bill of Rights. If any legislation is declared to be invalid then Congress cannot overrule this.