This article is missing information about the historic development and necessity, and the differences between governments where the right is not as strong.(September 2019) |
The right to petition government for redress of grievances is the right to make a complaint to, or seek the assistance of, one's government, without fear of punishment or reprisals.
The right can be traced back to the Bill of Rights 1689, the Petition of Right (1628), and Magna Carta (1215).[ citation needed ]
In Europe, Article 44 of the Charter of Fundamental Rights of the European Union ensures the right to petition to the European Parliament. [1] Basic Law for the Federal Republic of Germany guarantees the right of petition to "competent authorities and to the legislature". [2] [3] The right to petition in the United States is granted by the First Amendment to the United States Constitution (1791).
The prohibition of abridgment of the "right to petition" originally referred only to the Congress and the U.S. federal courts. The incorporation doctrine later expanded the protection of the right to its current scope, over all state and federal courts and legislatures, and the executive branches of the state [4] and federal governments.
Ancient and Imperial Chinese dynasties recognised the right to petition for all subjects. Commoners could petition the Emperor to remove local officials. [5] The Huabiao, a ceremonial column common in traditional Chinese architecture, is believed to have originated from signboards set up by ancient rulers to offer an avenue for the public to write petitions. [6]
In modern China the use of local petitioning bureaus remains common, however, those who remain dissatisfied still travel to the capital as a last resort to appeal to the central government. [7] The National Public Complaints and Proposals Administration (Chinese :国家信访局) and local bureaus of letters and calls receive suggestions and grievances. The officers then channel the issues to respective departments and monitor the progress of settlement, which they feedback to the filing parties. [8] If unsatisfied, they can move up the hierarchy to bring complaints to the next higher level. [9] [10]
Civil liberties are guarantees and freedoms that governments commit not to abridge, either by constitution, legislation, or judicial interpretation, without due process. Though the scope of the term differs between countries, civil liberties may include the freedom of conscience, freedom of press, freedom of religion, freedom of expression, freedom of assembly, the right to security and liberty, freedom of speech, the right to privacy, the right to equal treatment under the law and due process, the right to a fair trial, and the right to life. Other civil liberties include the right to own property, the right to defend oneself, and the right to bodily integrity. Within the distinctions between civil liberties and other types of liberty, distinctions exist between positive liberty/positive rights and negative liberty/negative rights.
The Bill of Rights 1689 is an Act of the Parliament of England that set out certain basic civil rights and changed the succession to the English Crown. It remains a crucial statute in English constitutional law.
A popular initiative is a form of direct democracy by which a petition meeting certain hurdles can force a legal procedure on a proposition.
Freedom of association encompasses both an individual's right to join or leave groups voluntarily, the right of the group to take collective action to pursue the interests of its members, and the right of an association to accept or decline membership based on certain criteria. It can be described as the right of a person coming together with other individuals to collectively express, promote, pursue and/or defend common interests. Freedom of association is both an individual right and a collective right, guaranteed by all modern and democratic legal systems, including the United States Bill of Rights, article 11 of the European Convention on Human Rights, section 2 of the Canadian Charter of Rights and Freedoms, and international law, including articles 20 and 23 of the Universal Declaration of Human Rights and article 22 of International Covenant on Civil and Political Rights. The Declaration on Fundamental Principles and Rights at Work by the International Labour Organization also ensures these rights.
A constitutional amendment is a modification of the constitution of a polity, organization or other type of entity. Amendments are often interwoven into the relevant sections of an existing constitution, directly altering the text. Conversely, they can be appended to the constitution as supplemental additions, thus changing the frame of government without altering the existing text of the document.
Cruel and unusual punishment is a phrase in common law describing punishment that is considered unacceptable due to the suffering, pain, or humiliation it inflicts on the person subjected to the sanction. The precise definition varies by jurisdiction, but typically includes punishments that are arbitrary, unnecessary, or overly severe compared to the crime.
In United States constitutional law, incorporation is the doctrine by which portions of the Bill of Rights have been made applicable to the states. When the Bill of Rights was ratified, the courts held that its protections extended only to the actions of the federal government and that the Bill of Rights did not place limitations on the authority of the state and local governments. However, the post–Civil War era, beginning in 1865 with the Thirteenth Amendment, which declared the abolition of slavery, gave rise to the incorporation of other amendments, applying more rights to the states and people over time. Gradually, various portions of the Bill of Rights have been held to be applicable to state and local governments by incorporation via the Due Process Clause of the Fourteenth Amendment of 1868.
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment. These rights are specifically identified in a constitution, or have been found under due process of law. The United Nations' Sustainable Development Goal 17, established in 2015, underscores the link between promoting human rights and sustaining peace.
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered unconstitutional and invalid. Usually any constitution defines the structure, functions, powers, and limits of the national government and the individual freedoms, rights, and obligations which will be protected and enforced when needed by the national authorities. Nowadays, most countries have a written constitution comprising similar or distinct constitutional rights.
The Right to Information (RTI) is an act of the Parliament of India & Delhi Legislative Assembly which sets out the rules and procedures regarding citizens' right to access information. It replaced the former Freedom of Information Act, 2000.
In the United States, the right to petition is enumerated in the First Amendment to the United States Constitution, which specifically prohibits Congress from abridging "the right of the people peaceably to assemble, and to petition the Government for a redress of grievances".
The United States Bill of Rights comprises the first ten amendments to the United States Constitution. Proposed following the often bitter 1787–88 debate over the ratification of the Constitution and written to address the objections raised by Anti-Federalists, the Bill of Rights amendments add to the Constitution specific guarantees of personal freedoms and rights, clear limitations on the government's power in judicial and other proceedings, and explicit declarations that all powers not specifically granted to the federal government by the Constitution are reserved to the states or the people. The concepts codified in these amendments are built upon those in earlier documents, especially the Virginia Declaration of Rights (1776), as well as the Northwest Ordinance (1787), the English Bill of Rights (1689), and Magna Carta (1215).
The New York Bill of Rights is a constitutional bill of rights first enacted in 1787 as a statute, and then as part of the state's constitution in 1881 in the U.S. state of New York. Today, the New York Bill of Rights can be found in Article I of the New York State Constitution and offers broader protections than the federal Bill of Rights.
Presser v. Illinois, 116 U.S. 252 (1886), was a landmark decision of the Supreme Court of the United States that held, "Unless restrained by their own constitutions, state legislatures may enact statutes to control and regulate all organizations, drilling, and parading of military bodies and associations except those which are authorized by the militia laws of the United States." It states that the Second Amendment to the United States Constitution limited only the power of Congress and the national government to control firearms, not that of the states, and that the right to peaceably assemble in the First Amendment to the United States Constitution was not protected by the clause referred to except to petition the government for a redress of grievances. This decision was overruled in McDonald v. City of Chicago in (2010).
Petitioning is the administrative system for hearing complaints and grievances from individuals in the People's Republic of China. It is a common tool for dispute resolution in the country.
Black jails are a network of extralegal detention centers established by government security forces and private security companies across the People's Republic of China. They are used mainly to detain, without trial, petitioners, who travel to seek redress for grievances unresolved at the local level. The right to petition was available in ancient China, and was later revived by the communists, with important differences.
McDonald v. City of Chicago, 561 U.S. 742 (2010), was a landmark decision of the Supreme Court of the United States that found that the right of an individual to "keep and bear arms", as protected under the Second Amendment, is incorporated by the Fourteenth Amendment and is thereby enforceable against the states. The decision cleared up the uncertainty left in the wake of District of Columbia v. Heller (2008) as to the scope of gun rights in regard to the states.
A bill of rights, sometimes called a declaration of rights or a charter of rights, is a list of the most important rights to the citizens of a country. The purpose is to protect those rights against infringement from public officials and private citizens.
Currently 31 bureaus and offices make up the internal organization of the Central Commission for Discipline Inspection of the Chinese Communist Party.
The National Public Complaints and Proposals Administration is a deputy-cabinet level agency directly under the State Council of China. It is the national ombudsman office of the People's Republic of China.