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:
- Amendment 1 – Freedom of Religion, Speech, and the Press
- Amendment 2 – The Right to Bear Arms
- Amendment 3 – The Housing of Soldiers
- Amendment 4 – Protection from Unreasonable Searches and Seizures
- Amendment 5 – Protection of Rights to Life, Liberty, and Property
- Amendment 6 – Rights of Accused Persons in Criminal Cases
- Amendment 7 – Rights in Civil Cases
- Amendment 8 – Excessive Bail, Fines, and Punishments Forbidden
- Amendment 9 – Protection of other Rights for the people that are not listed in the Constitution.
- Amendment 10 – Undelegated Powers Kept by the States and the People
Further amendments to the Constitution, being Amendments 11-27, were added to protect additional rights. They are:
- Amendment 11 – Authority of Federal Courts Restricted
- Amendment 12 – Election of the President and Vice President
- Amendment 13 – Slavery Outlawed
- Amendment 14 – Rights of Citizenship
- Amendment 15 – Voting Rights for All Races
- Amendment 16 – Federal Income Taxes
- Amendment 17 – Election of Senators by Popular Vote
- Amendment 18 – Liquor Outlawed
- Amendment 19 – Voting Rights for Men and Women
- Amendment 20 – Terms of the President and Congress; Replacing the President
- Amendment 21 – Control of Liquor Returned to the States
- Amendment 22 – Presidents Limited to Two Terms
- Amendment 23 – Presidential Electors for the District of Columbia
- Amendment 24 – Voting Rights Protected from Taxes
- Amendment 25 – Replacing the President and Vice President
- Amendment 26 – Voting Rights for All Citizens Eighteen or Older
- Amendment 27 – Changes in Salaries of Senators and Representatives
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.