THE NATURE AND PROBLEMS OF A BILL OF RIGHTS

Abstract

In order to understand the problems posed by a Bill of Rights, the author attempts to define with some precision and discrimination the concepts embodied by the terms “right” and “duty”, and to contrast them with “liberty” and “freedom”. Following definition, he considers what legislative body may encroach on which areas of liberty and to what extent. This article explains ways of distributing limiting power, the inherent difficulties with this process and the issue of constitutional amendment. It then considers the Bill of Rights as a declaration of general principles and explains how it functions with more detailed statements of the law in other legal instruments to create a more complete explanation of certain rules and procedures and to promote fairness among them. It recommends the creation of a Canadian Bill of Rights despite the problems expected in implementation.