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The Freest Country in the World?

December 8, 2002

  United States
Canada
Germany
France
United Kingdom  Italy
Japan
Statistics              
Year Enacted 1786 1960 1949 1958 - 1948 1947
Population 270M 30M 81M 58M 58M 57M 125M
Civil Rights              
Nondiscrimination   1, 1b 3   4.4 3 14
Equality before the Law 11, 14       11    
Religion 1 1c 4   18 7, 8, 19, 20 20
Conscientious Objection     4(3)        
Speech 1 1d 5   19 21 21
Press 1 1f 5   19 21 21
Assembly and Association 1 1e 8, 9   23 17, 18 21
Privacy of Communication and Correspondence     10   16 15  
Art, Science, Research, Teaching     5   29 9, 33, 23
Marriage and Family     6   8 29, 30, 31 24
Education     7   28 34 26
Welfare         *   25
Right to Work, Freedom of Occupation     12   25 4 27
Linguistic Minorities           6  
Petition, Sue Government 1   17   12.3 49 16, 40
Weapons 2            
No Quartering of Troops in Home 3   13        
Freedom of Movement     11   17 16 22
Property, Inheritance, Just Compensation 5   14   9 42, 43 29
Other Rights Exist 9 5.1          
Slavery Abolished 13       6   18
Right to Vote 15, 19, 24, 26     3   48 15
Political Parties       4   49  
Labor Unions     *   * * 28
Rights of the Accused United States
Canada
Germany
France
United Kingdom  Italy
Japan
Presumption of Innocence         14.1 27  
Ex Post Facto         14.2 25.2 39
No Illegal Search and Seizure 4 1a 13   15 13.2, 14.2 35
habeas corpus; no detention without charge   2ciii     15 13.3 33
Informed of Charges 6 2ci         34
Right to be Heard in Court         10, 21.1 24, 25.1 32
Due Process of Law 5, 14 1a       22 31

Counsel at any legal proceeding

6 2cii     15.2 24.2 37.3
Interpreter at any legal proceeding   2g          
Prompt Public Trial 6 2e     13   34, 37.1
No Witness Against Self 5 2d         38.1, 38.2
No Double Jeopardy 5           39
Trial by Jury 6, 7       13.3    
Subpoena Witnesses 6           37.2
Confront Witnesses 6           37.2
No guilt solely by confession             38.3
Jury finding reversed only by law 7            
Extradition     *     26  
Punishment only by law; no cruel, inhuman, or degrading punishment 8 2 16   7 13.5, 25.2, 27.3 36
No Death Penalty     *     27.4  
               
               

The United States Constitution is frequently lauded as the greatest document outlining the freedoms of its people. Corresponding documents from other countries are not commonly studied by Americans.

Here is a comparison of the fundamental rights enumerated by the constitutions of eight major countries. Numbers refer to section numbers in each country’s constitution. Links at the top of the chart are to the text of each country’s constitution.

In most countries’ constitutions, civil rights are defined in the beginning of the document, followed by the structure and function of the government. In the United States, Civil rights are defined by amendments because some states objected to their presence in the Constitution.

(England does not have a written constitution, but its laws are in conformance to the European Declaration of Human Rights. France’s constitution does not appear to contain a section on fundamental rights.)

All of the basic civil rights are present in every country. Some things considered “rights” in one country are specifically banned in others. Dangerous weapons, for instance, are banned in most countries but a “right” in the United States.

Many nations specifically mention the phrase “Life, liberty, and the pursuit of happiness” as fundamental rights in their constitution. In the United States, this phrase appears only in the Declaration of Independence, which has no legal standing.

None of the countries has a constitutional amendment making flag-burning a crime.

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