• If you are citizen of an European Union member nation, you may not use this service unless you are at least 16 years old.

  • You already know Dokkio is an AI-powered assistant to organize & manage your digital files & messages. Very soon, Dokkio will support Outlook as well as One Drive. Check it out today!

View
 

Substantive Rights and Liberties

Page history last edited by Robert W. Maloy 5 years, 1 month ago

 

Make Your Case recreates a jury trial with judge, attorneys, and witnesses from Scholastic.

 

Border Patrol agent reads the Miranda rights.
Border Patrol agent reads the Miranda rights.


Know Your Rights, a student rights handbook from the American Civil Liberties Union of Vermont


What are Substantive Rights?

  • A basic right, such as life or liberty, seen as constituting part of the order of society and considered independent of and not subordinate to the body of human law. -The Free Farlex Dictionary 
  • Laws that create, define, and regulate rights
    • Contracts, wills, property

 

What are Substantive Liberties?

  • Restraints on the government that limit what the government can and can not do
    • The government can not limit freedom of speech, establish an official religion, etc...

 

Why are they important?

  • Deals with relationships between people or between people and the state
  • Can offer solutions to problems or conflicts
  • Based in common laws and legislature
  • The Bill of Rights are examples of substantive rights and liberties
  • Until the 20th century, it has derived from judicial decisions
    • Used legal precedence in similar cases
    • Tended to change very slowly
  • Substantive laws have changed more rapidly from the 20th century on
    • Congress and state legislature create statutes that take the place of common law
  • Uniform Law Commission
    • Formally the National Conference of Commissioners on Uniform State Laws
    • Conducts research
    • Helps states create non-partisan, well-drafted and well-written legislation
    • Designed to clarify state statutes
    • Click here for the ULC website


Was the National Security Agency breaching substantive rights set by the Bill of Rights?

  • Click here to read Frequently Asked Questions on the NSA scandal.
  • Read an interview with NSA whistle blower Edward Snowden here.
  • Read about the NSA and substantive rights here.
  • Click here to read about Obama's response to the controversy.



Click here for lesson plans on substantive rights from University of Nebraska-Omaha



Map Showing Religious Freedom.  Countries in Blue enjoy complete religious freedom and are protected by substantive rights and liberties
Religious Freedom Map. Countries in Blue enjoy complete religious freedom and are protected by substantive rights and liberties 

 

Map showing political and human rights by country.  Green: free, Orange: partially free, Red: untouchable
Political and human rights by country Map. Green: free, Orange: partially free, Red: untouchable

 

Comments (0)

You don't have permission to comment on this page.