Though in 1215 the Magna Carta came on the scene to protect the English people from the Crown's abuse of power and in 1689 the English Bill of Rights contributed to the curtailment of the alleged rights of the monarchy the concept was only really developed as a fundamental part of a constitution after the American Revolution with the establishment of the Jeffersonian model of Republican constitutionalism. Today there is no doubt the value of a Bill of Rights to the rule of law in a free society. The balance needed to insure the rights and freedoms of the people are not infringed whilst government is afforded sufficient power to effectively rule is the target of a Bill of Rights. However the concept is somewhat still young in terms of its doctrinal refinement with regard to certain structural and provisional development within the model; for which this Advisory will provide basic guidelines to bring enhancement to the pro-rights governance process as well as beget an appropriate human rights jurisprudence.
Given that this Advisory derives its guidelines from the doctrinal platform of the Rights of Man it is fitting to herein outline the basic human rights and freedoms before moving on to the guidelines.
Person's three fundamental Rights as follows:
1. The Right of Religious Liberty (Religious Right)
2. The Right to Life, and
3. The Right to Private Property
In addition to being created with certain rights personal freedoms were designedly given to facilitate the exercise, preservation and enjoyment of our basic rights. Our personal freedoms are as follows:
1. Freedom of Thought
2. Freedom of Conscience
3. Freedom of Belief
4. Freedom of Opinion
5. Freedom of Choice
6. Freedom of Speech
7. Freedom of Expression, and
8. Freedom of Movement
The Basic Provisional Components that must form part of a Bill of Rights
Much has been said about the rule of law by legal scholars and researchers that is not useful for this Advisory. My deliberations will cover only what is needful to clarify the concept and will take the human rights perspective since the concern of the Advisory is the Bill of Rights.
When the rule of law is referred to these days what is not usually meant is the instrumentalist conception of rule by law practiced in Chinese history but more so the governmental system found in American constitutionalism and other like systems. Studies have yielded three particular components the doctrine of the rule of law is composed of. The core of the rule of law is an autonomous legal order that has three key factors to it: (1) to be a regulator of government's power to prevent arbitrariness and abuse, (2) to render all classes of citizens equal under law, and (3) to provide a system of procedural and formal justice. Nonetheless the rule of law has to be determined within the setting of human rights. And whilst all the ramifications of the concept cannot be dealt with herein I will deal with the chief factors.
First of all the grounds for the development of the rule of law is man's fallen state of depravity. Since human beings are capable of deviating into all manner of deceptive and wicked practices it is best to bind us to rigorous checks and balances when installed in positions of great power and resources such as government to prevent abuses. And particularly since history have unequivocally substantiated this as factual. It is therefore in the interest of preventing and addressing human rights abuses to adopt and implement the rule of law above the unpredictable and untrustworthy rule of men with so-called ad hoc discretions. Human rights is the philosophy of law and thus the rule of law. Human rights is the element that gives moral validity to law hence the rule of law doctrine must be developed according to the inalienable concept of human rights if its rule is to be truly pro-rights. The administration of justice cannot be attained if established procedural law was not in place to give certainty to due process to make substantive justice attainable. The rule of law is critical to the function of civil society.