clu3m - law unit 2 dev. of rights and freedoms. pp #1 ms pannell source: gibson, murphy, jarman and...
Post on 14-Dec-2015
260 Views
Preview:
TRANSCRIPT
CLU3M - Law
Unit 2 Dev. of Rights and Freedoms. PP #1Ms Pannell
Source: Gibson, Murphy, Jarman and Grant, . ALL ABOUT THE LAW Exploring the Canadian Legal System. 5th. Toronto: Nelson, 2003. Print. Pp3-6
Introduction
What does Canada have that many countries don’t?
Civil Rights (and freedoms) - limit the power that a government has over its citizens
Human Rights – protect people from being unfairly discriminated against by other individuals
Canadians can feel secure in almost all areas of their lives Canadians are free because laws are passed and enforced to protect
their rights and freedoms Wealth, gender, race, age, belief, family status … are not supposed
to determine how you are treated in Canada – equal under the law
Development of Human Rights and Freedoms
A Quick Rundown!
1215 – Magna Carta Limited the king’s power Only nobility received more
rights, not ordinary folk!
1689 – Glorious Revolution English Bill of Rights Monarchs promised to obey
the laws of Parliament and allow free elections
Only nobility and wealthy landowners could vote and control parliament, not ordinary folk!
Rights and Revolution 17th Century
Legal and moral thinkers of the Enlightenment gave way to western philosophy, proposing: humans have natural rights (life, liberty, and security) These rights exist independently of any rights or duties
created by ruler, government, Church or society
Those in power (monarchs, the Church, nobility) felt threatened by these ideas which spread rapidly throughout Europe
The American Revolution 17th Century
Thirteen Colonies fought for independence from Great Britain
British Parliament had passed laws favouring Britain and not the American colonies
Colonies had no representation in British Parliament
British ignored colonies’ demands and imposed new taxes
Americans protested violently “no taxation without representation” - 1775
The American Revolution continued
1776, American Congress issued the Declaration of Independence Written by Thomas Jefferson Proclaimed the existence of a
new country, the U.S.A. Britain responded by sending
more troops. Fighting continued until 1783
Last British troops driven out of New York (1783) signed the Treaty of Paris (U.S.A. was officially born!)
Thomas Jefferson
The American Revolution continued Constitution of the U.S.A was
made law in 1788. Written by wealthy powerful men Did not include a bill of rights –
the powerful elite feared giving rights to ordinary folk!
Feared “mob rule” (belief that ordinary folk could not be trusted to govern themselves
Criticism
1791 – 10 amendments (changes) were made to the Constitution – becoming the U.S. Bill of Rights
American Declaration of Independence (1776)- Exerts
We hold these truths to be self-evident, that all Men are created equal, that they are endowed by their Creator with certain unalienable Rights…. these are Life, Liberty, and the pursuit of Happiness
That to secure these rights, Governments are instituted among Men, deriving their just powers from the consent of the governed.
That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.
For Discussion What are the major understandings contained in these excerts? Why was this document so revolutionary? As Canadians, do we accept these ideas today? If so, in what
ways
The American Revolution – Its Legacy
American Revolution inspired people throughout the world (France 1 year later!)
It was influenced by new ideas that were sweeping through western Europe
The powers of the Church and rulers were being challenged
Significant revolutionary idea: The rules governing people must be changed if they failed to protect the “natural rights” of citizens
The French Revolution 1789
French philosophes – published papers attacking the power of the King, Church and nobility
Wanted an end to feudalism
Success of the American Revolution (flow of ideas, stories and people) fed the growing demand for change in France
The French Revolution 1789 1789 – The French people roe
up and violent overthrew their rulers (monarchy, Church and nobility)
Thousands were killed
Privileges of feudalism and the Church were abolished
A National Assembly made of elected members (like a House of Commons) was established
Gave way the “Nation State” as we know it today.
The French Revolution 1789 (continued)
National Assembly passed the Declaration of the Rights of Man and the Citizen Guaranteed all French citizens their
basic freedoms and became the basis of future modern democracies
Student activity:Read page 40 of your text “The
Law, the Declaration of the Rights of Man and of the Citizen”, and answer questions 1-5 on page 41
Discussion Questions
1. What groups of people in French society would oppose the Declaration of the Rights of Man and of the Citizen? Which would approve? Why?
2. What is so revolutionary about this document?
3. According to the law passed by the National Assembly, where does all power lie?
4. Explain what is meant by the word “nation” in this document.
5. Compare the excerpts from the American Declaration of Independence (1776) with the Declaration of the Rights of Man and of the Citizen (1789). What similarities exist?
top related