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THE RULE OF LAW 2. Protecting the rights of the people |
The UK | The USA | ||
The right to bear arms | the original | 1689 Declaration of Rights: Protestants armed under the control of the law = religious right to prevent any Catholic rebellion |
1789 Bill of Rights (amendments to the Constitution): any citizen can be armed and form a militia = individual right to prevent any abuse of power by the state |
its evolution | No longer an individual right because not supported by public opinion => police not systematically armed & gun laws after mass shootings to restrict and ban the use of firearms |
Still a right to self-defence supported by public opinion and firearms widely spread => no gun laws despite mass shootings |
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The right to fair punishment | the original | “cruel and unusual punishment [shall not be] inflicted” | |
its evolution | Death penalty by hanging abolished in 1969 (suspended since 1965) because “cruel and unusual punishment” | Capital punishment by electrocution or lethal injection allowed on a federal scale and in use in a narrow majority of the states |