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Max Planck Encyclopedia of Comparative Constitutional Law [MPECCoL]

Bill of Rights

Ioanna Tourkochoriti

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2022. All Rights Reserved.date: 30 June 2022

Subject(s):
Judicial power — Bills of rights — Comparative constitutional law — Freedom of expression — Collective rights — Group rights — Individual rights — Theories of rights

General Editors: Rainer Grote, Frauke Lachenmann, Rüdiger Wolfrum.
Managing Editor: Ana Harvey

1 Rights are rules that regulate social interaction by protecting a sphere of inviolability for the individual. Bills of rights either impose limits or provide guidance upon government action. They are speech acts operating in a precise social context (Austin; Derrida 47). Their perlocutionary effects depend on the context itself. Responding to concrete social and political needs, bills of rights explicitly protect rights that are considered important at various moments in history in various states. Some bills of rights are intended to pose limits to the power of...
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