Constitutional right

A constitutional right is a special power or protection that is recognized and set up by a country or a group of countries. These rights can be clearly written down in a country's constitution, which is the most important set of rules for that place. Sometimes, these rights are not written directly but are understood from the words used in the constitution. The constitution is very powerful because any laws that go against it are not allowed.

Usually, a constitution explains how the government works, what it can and cannot do, and what freedoms and duties people have. It makes sure these important points are protected and enforced by the government when needed. Today, most countries have a written constitution that includes many different kinds of constitutional rights.

Even before modern constitutions, there were other important sets of rules that served similar purposes. For example, the United Kingdom had the 1215 Magna Carta, and Virginia had its Bill of Rights in 1776. These early documents helped shape the idea of constitutional rights that we know today.

Specific rights

Many countries have special rules to protect important rights. One of these is the freedom of assembly, which lets people come together for meetings or events. About 191 constitutions around the world recognize this right, often saying it must be "peaceful" or "unarmed" and for "legal purposes".

Another important right is the right to vote. Over 143 national constitutions mention this right. Voting might be done in a secret way, or it might even be mandatory, meaning everyone has to do it. There can also be rules about who can vote, like where you live, how old you are, or if you have broken the law.

United States

Further information: Constitutional law of the United States § Rights of individuals

Federal constitution

On September 17, 1787, the United States Constitution was signed during the Constitutional Convention (United States) in Philadelphia at the Independence Hall.

On December 15, 1791, the Bill of Rights, which includes the first 10 Amendments, became part of the U.S. Constitution. Later, 17 more Amendments were added, making a total of 27 Amendments and 7 Articles. Only one amendment overturned a previous one—the twenty-first Amendment, ratified on December 5, 1933, ended the prohibition of alcohol that began with the eighteenth Amendment in 1919.

At first, the rights in the Bill of Rights applied only to the federal government. Over time, most of these rights were also applied to the states through a process called selective incorporation into the Due Process Clause of the Fourteenth Amendment. When this happens, a state cannot ignore these rights.

For example, the Second Amendment to the United States Constitution was fully applied to the states in 2010. The Sixth Amendment guarantees the right to confront witnesses, and many parts of the First Amendment protect freedoms like speech and the press.

The Fifth Amendment protects the right to a grand jury in federal cases, but this right does not apply to state cases, so it depends on state law whether someone has that right in state courts.

State constitutions

Each state in the United States has its own Constitution. These documents are usually longer and more detailed than the U.S. Constitution. For example, the Alabama Constitution has over 600 pages, and the New Jersey Constitution from 1947 is three times longer than the U.S. Constitution. State constitutions can offer more protections than the federal one, but they cannot take away any rights guaranteed by the federal Constitution. They can also include rights not mentioned in the federal Constitution, like the right to an adequate education or affordable housing.

Other nations

See also: Human rights in Germany and Constitution of Japan

Some countries, like Germany, India, and Japan, have special parts in their laws called a bill of rights. These help protect important freedoms.

The United Kingdom does not have a bill of rights in its laws, but it has something called the Human Rights Act 1998 that helps protect similar ideas. In places that follow rules set by the European Convention of Human Rights, people can ask a special court, the European Court of Human Rights, for help if their rights are not respected. In some countries with strict leaders, there may not be strong protections for rights, or these rights might not be followed in practice.