Bill of Rights Traditions Around the World

Rights catalogues define constitutional identity. The US Bill of Rights of 1791 protects mostly civil liberties against federal power. Postwar constitutions went further, Germanys dignity clause, Japamas pacifism article, and Indias remedy rich fundamental rights.

The 1978 Spanish and 1988 Brazilian texts layered social rights to education, health, and housing. South Africas 1996 text made socioeconomic rights partially justiciable. The EU charter of 2000 consolidated the tradition for a non state.

Where rights are aspirational only, as in many authoritarian texts, the gap between parchment and practice defines constitutional weakness..

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