权利法案中英文对照
权利法案(The Bill of Rights)
During the debates on the adoption of the Constitution, its opponents repeatedly charged that the Constitution as drafted would open the way to tyranny by the central government. Fresh in their minds was the memory of the British violation of civil rights before and during the Revolution. They demanded a "bill of rights" that would spell out the immunities of individual citizens. Several state conventions in their formal ratification of the Constitution asked for such amendments; others ratified the Constitution with the understanding that the amendments would be offered.On September 25, 1789, the First Congress of the United States therefore proposed to the state legislatures 12 amendments to the Constitution that met arguments most frequently advanced against it. The first two proposed amendments, which concerned the number of constituents for each Representative and the compensation of Congressmen, were not ratified. Articles 3 to 12, however, ratified by three-fourths of the state legislatures, constitute the first 10 amendments of the Constitution, known as the Bill of Rights.The Bill of Rights: A TranscriptionThe Preamble to The Bill of RightsCongress of the United Statesbegun and held at the City of New-York, onWednesday the fourth of March, one thousand seven hundred and eighty nine.THE Conventions of a number of the States, having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added: And as extending the ground of public confidence in the Government, will best ensure the beneficent ends of its institution.RESOLVED by the Senate and House of Representatives of the United States of America, in Congress assembled, two thirds of both Houses concurring, that the following Articles be proposed to the Legislatures of the several States, as amendments to the Constitution of the United States, all, or any of which Articles, when ratified by three fourths of the said Legislatures, to be valid to all intents and purposes, as part of the said Constitution; viz.ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.Note: The following text is a transcription of the first ten amendments to the Constitution in their original form. These amendments were ratified December 15, 1791, and form what is known as the "Bill of Rights."Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.Amendment IVThe right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.Amendment VNo person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.Amendment VIIn all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.Amendment VIIIn Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.Amendment VIIIExcessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.Amendment IXThe enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.Amendment XThe powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.。
英美权利法案
英美权利法案The Bill of Rights,即《权利法案》,又译《人权法案》,指的是美国宪法中第一至第十条宪法修正案,由詹姆斯·麦迪逊起草,1791年12月15日,获得通过。
权利法案的10条修正案包括:第一条:言论、宗教、和平集会自由;第二条:持有与佩戴武器的权利;第三条:免于民房被军队征用;第四条:免于不合理的搜查与扣押;第五条:正当程序(Due Process)、一罪不能两判、禁止逼供、禁止剥夺私人财产;第六条:未经陪审团不可定罪以及剥夺被控告方的其他权利;第七条:民事案件中要求陪审团的权利;第八条:禁止过度罚金与酷刑;第九条:未被列入的其他权利同样可以受到保护;第十条:人民保留未经立法的权利。
影响与评价《权利法案》的第一条,即美国宪法第一修正案对美国影响巨大。
美国媒体所享有的一切自由都源于此,在美国,凡是涉及言论、新闻、出版等诉讼,往往都会搬出此,它几乎成为美国媒体或个人言论自由的护身符,不可动摇。
以至于美国人把它颂扬为“美国生活方式”的主要内容。
[1]但是《权利法案》没有修正宪法的一个重大缺陷,即对奴隶制的确认,这使后来的南方地区农奴制扩张大大增长。
[2] 第一条(Amendment I)Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
bill of rights
第十条 Amendment X Rights of the States under Constitution
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people. 译文:宪法未授予合众国、也未禁止各 州行使的权力,由各州各自保留,或由人民 保留。
译文:人民的人身、住宅、文件和财产不受无 理搜查和扣押的权利,不得侵犯。除依据可能成立 的理由,以宣誓或代誓宣言保证,并详细说明搜查 地点和扣押的人或物,不得发出搜查和扣押状。
第五条 Amendment V Provisons concerning prosecbe held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War ……
1787年在费城起草的宪法,在各州审议批准 的过程中,也有不少美国公民感到不安,因 为宪法中并没有明确保障个人的权利。因此, 《宪法》补充了10条修正案,统一称为《权 利法案》,英文叫The Bill of Rights。由于 补充了《权利法案》,《宪法》在13个州均 获批准,并于1789年生效。
权利法案 the Bill of Rights
English Bill of Rights 1689An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of theCrownWhereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;By violating the freedom of election of members to serve in Parliament;By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;And excessive fines have been imposed;And illegal and cruel punishments inflicted;And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and divers principal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;And thereupon the said Lords Spiritual and Temporal and Commons, pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declareThat the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;That election of members of Parliament ought to be free;That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;。
权利法案中英文对照
权利法案原文第一条Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.译文:纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带武器的权利不可侵犯。
第三条No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.译文:未经房主同意,士兵平时不得驻扎在任何住宅;除依法律规定的方式,战时也不得驻扎。
第四条The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.译文:人民的人身、住宅、文件和财产不受无理搜查和扣押的权利,不得侵犯。
权利法案及注释
《权利法案》(十三条)……灵俗两界贵族与众议员等……宣告:1.凡未经国会同意,以国王权威停止法律或停止法律实施①之僭越权力,为非法权力。
2.近来以国王权威擅自废除法律或法律实施之僭越权力,为非法权力。
3.设立审理宗教事务之钦差法庭之指令,以及一切其他同类指令与法庭②,皆为非法而有害。
4.凡未经国会准许,借口国王特权,为国王而征收,或供国王使用而征收金钱,超出国会准许之时限或方式者,皆为非法③。
5.向国王请愿,乃臣民之权利,一切对此项请愿之判罪或控告,皆为非法。
6.除经国会同意外,平时在本王国内征募或维持常备军,皆属违法④。
7.凡臣民系新教徒者,为防卫起见,得酌量情形,并在法律许可范围内,置备武器。
8.国会议员之选举应是自由的。
9.国会内之演说自由、辩论或议事之自由,不应在国会以外之任何法院或任何地方,受到弹劾或讯问。
10.不应要求过多之保释金,亦不应强课过分之罚款,更不应滥施残酷非常之刑罚。
11.陪审官应予正式记名列表并陈报之,凡审理叛国犯案件之陪审官应为自由世袭地领有人。
12.定罪前,特定人的一切让与及对罚金与没收财产所作的一切承诺,皆属非法而无效。
13.为伸雪一切诉冤,并为修正、加强与维护法律起见,国会应时常集会。
彼等【即灵俗两界贵族与众议员等】主张、要求与坚持上开各条为彼等无可置疑之权利与自由;凡上开各条中有损人民之任何宣告、判决、行为或诉讼程序,今后断不应据之以为结论或先例。
──蒋相泽主编《世界通史资料选辑》近代部分上册【解读】“光荣革命”发生的第二年即1689年,英国议会上、下两院依法在威斯敏斯特宫(西敏寺)集会,制定了《权利法案》,以确保人民所享有的权利与自由的传统。
该法案全称为《关于宣布国民权利与自由和王位继承法案》,共有13条款,分为两部分,一是宣布禁止国王的诸项“非法权力”,二是明确列举人民的各项自由与权利。
这条材料对于我们正确地理解英国君主立宪制的性质、特点等问题,具有极为重要的参考价值。
BillofRights权利法案
the Bill of Rights 1688
- no standing army may be maintained during a time of peace without the consent of parliament.
- no royal interference in the freedom of the people to have arms for their own defence as suitable to their class and as allowed by law (simultaneously restoring rights previously taken from Protestants by James II) - no royal interference in the election of members of parliament the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament
Bill of Rights
the Bill of Rights 1688
An Act of the Parliament of England passed on 16 December 1689. It was a restatement in statutory form of the Declaration of Right presented by the Convention Parliament to William and Mary in March 1689, inviting them to become joint sovereigns of England.
1689年英国权利法案(英文)
That the commission for erecting the late Court of Commissioners for Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;
BILL OF RIGHTS
1689
An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown
Whereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:
英美权利法案
英美权利法案The Bill of Rights,即《权利法案》,又译《人权法案》,指的是美国宪法中第一至第十条宪法修正案,由詹姆斯·麦迪逊起草,1791年12月15日,获得通过。
权利法案的10条修正案包括:第一条:言论、宗教、和平集会自由;第二条:持有与佩戴武器的权利;第三条:免于民房被军队征用;第四条:免于不合理的搜查与扣押;第五条:正当程序(Due Process)、一罪不能两判、禁止逼供、禁止剥夺私人财产;第六条:未经陪审团不可定罪以及剥夺被控告方的其他权利;第七条:民事案件中要求陪审团的权利;第八条:禁止过度罚金与酷刑;第九条:未被列入的其他权利同样可以受到保护;第十条:人民保留未经立法的权利。
影响与评价《权利法案》的第一条,即美国宪法第一修正案对美国影响巨大。
美国媒体所享有的一切自由都源于此,在美国,凡是涉及言论、新闻、出版等诉讼,往往都会搬出此,它几乎成为美国媒体或个人言论自由的护身符,不可动摇。
以至于美国人把它颂扬为“美国生活方式”的主要内容。
[1]但是《权利法案》没有修正宪法的一个重大缺陷,即对奴隶制的确认,这使后来的南方地区农奴制扩张大大增长。
[2] 第一条(Amendment I)Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
权利法案中英文对照
权利法案原文第一条Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.译文:纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带武器的权利不可侵犯。
第三条No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.译文:未经房主同意,士兵平时不得驻扎在任何住宅;除依法律规定的方式,战时也不得驻扎。
第四条The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.译文:人民的人身、住宅、文件和财产不受无理搜查和扣押的权利,不得侵犯。
英美国家概况:权利法案The Bill Of Rights
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
Contents
PART 02
Amendment I Freedom of Speech. Press, Religion and Pettion
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
Amendment V
Provisons conceming prosecution
权利法案中英文版
权利法案中英文版【原创实用版】目录1.权利法案的背景和意义2.权利法案的中英文版本概述3.权利法案的主要内容4.权利法案对社会的影响正文1.权利法案的背景和意义权利法案,又称《权利法案 1689》,是英国历史上一部具有重要意义的宪法性文件。
它于 1689 年由英国国会通过,以法律的形式对国王的权力进行了明确的制约,保证了英国公民的基本权利。
这部法案的诞生标志着君主立宪制的确立,为英国的民主制度奠定了基础。
2.权利法案的中英文版本概述权利法案共有 13 条条款,其中英文原文可参见附件。
中文版本简要概述如下:(1)国王不得干涉国会的选举和议程。
(2)国会有权制定和修改法律,国王无权否决。
(3)国会有权对国王的行为进行调查。
(4)国王不得在和平时期维持常备军。
(5)国王不得干预公民的宗教信仰自由。
(6)公民有权拥有和携带武器。
(7)公民有权对国王及其官员提起诉讼。
(8)国王不得剥夺公民的财产和自由。
(9)公民有权参与制定税收政策。
(10)国王不得在国会同意前征税。
(11)国王不得干预司法审判。
(12)公民有权对侵犯其权利的行为提起诉讼。
(13)本法案为英国公民的基本权利法案,任何人不得侵犯。
3.权利法案的主要内容权利法案主要从以下几个方面对公民权利进行了保障:(1)限制国王权力。
权利法案对国王的立法权、司法权、财政权、军事权等进行了明确制约,使之不能滥用权力,从而确保公民的权利不受侵犯。
(2)保障公民权利。
权利法案明确规定了公民的宗教信仰自由、言论自由、财产权、人身自由等权利,为公民的基本权利提供了法律保障。
(3)确立国会主权。
权利法案确立了国会拥有最高立法权、司法权和财政权的原则,使国会成为维护公民权利的主要力量。
4.权利法案对社会的影响权利法案的颁布对英国社会产生了深远的影响:(1)推动民主制度的发展。
权利法案的颁布使英国成为世界上第一个实行君主立宪制的国家,为民主制度的发展奠定了基础。
(2)促进社会稳定。
权利法案1791
权利法案(美国)(中英文)东方法眼按:1787年在费城起草的宪法,在各州审议批准的过程中,也有不少美国公民感到不安,因为宪法中并没有明确保障个人的权利。
因此,《宪法》补充了10条修正案,统一称为《权利法案》,英文叫The Bill of Rights。
由于补充了《权利法案》,《宪法》在13个州均获批准,并于1791年生效。
第一条Amendment ICongress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条Amendment IIA well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed.译文:纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带武器的权利不可侵犯。
第三条Amendment IIINo Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.译文:未经房主同意,士兵平时不得驻扎在任何住宅;除依法律规定的方式,战时也不得驻扎。
权利法案中英文版
权利法案(Bill of Rights)通常指的是特定国家的法律文件,它旨在保障公民的基本自由和权利不受政府侵犯。
以下是英国和美国各自的权利法案中英文对照概述:英国《权利法案》(1689年)中文标题:国民权利与自由和王位继承宣言英文全称:An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the Crown内容摘要:确立了议会至上的原则,限制国王的权力。
保障了宗教自由、言论自由和请愿权等基本权利。
规定国王必须定期召开议会,并且未经议会同意不得征税或维持常备军。
美国《权利法案》(1791年)英文名称:The Bill of Rights内容摘要:1. 第一条修正案:保障信仰、言论、出版、集会、请愿的自由。
2. 第二条修正案:保障人民持有并携带武器的权利。
3. 第三条修正案:禁止在和平时期无住宅主人同意的情况下驻扎士兵。
4. 第四条修正案:禁止非法搜查和扣押,除非有合理的理由和搜查令。
5. 第五条修正案:保障正当程序,包括不经合法程序不得剥夺生命、自由或财产;禁止双重危险及强迫自证其罪。
6. 第六条修正案:规定刑事审判中的各项权利,如迅速公开审判、由犯罪行为发生地的州和区公正陪审团审判、被告知指控详情、面对证人和获取律师帮助的权利等。
7. 第七条修正案:民事诉讼中,当案件涉及金额超过一定数额时,享有由陪审团审判的权利。
8. 第八条修正案:禁止施加过重的保释金、罚款以及残酷和非常规的惩罚。
9. 第九条修正案:保留未明确列举于宪法但属于人民的权利。
10. 第十条修正案:保留给各州或人民的那些未被宪法授予联邦政府、也未禁止各州行使的所有权力。
以上为简要概括,具体条款内容需查阅相关法律文本以获得详尽信息。
英国权利法案(中英文对照版)
《权利法案》全文(1689)国会两院经依法集会于西敏寺宫,为确保英国人民传统之权利与自由而制定本法律。
1.凡未经国会同意,以国王权威停止法律或停止法律实施之僭越权力。
2.近来以国王权威擅自废除法律或法律实施之僭越权力,为非法权力。
3.设立审理宗教事务之钦差法庭之指令,以及一切其他同类指令与法庭,皆为非法而有害4.凡未经国会准许,借口国王特权,为国王而征收,或供国王使用而征收金钱,超出国会准许之时限或方式者,皆为非法。
5.向国王请愿,乃臣民之权利,一切对此项请愿之判罪或控告,皆为非法。
6.除经国会同意外,平时在本王国内征募或维持常备军,皆属违法。
7.凡臣民系新教徒者,为防卫起见,得酌量情形,并在法律许可范围内,置备武器。
8.国会议员之选举应是自由的。
9.国会内之演说自由、辩论或议事之自由,不应在国会以外之任何法院或任何地方,受到弹劾或讯问。
10.不应要求过多的保释金,亦不应强课过分之罚款,更不应滥施残酷非常之刑罚。
11.陪审官应予正式记名列表并陈报之,凡审理叛国犯案件之陪审官应为自由世袭地领有人。
12.定罪前,特定人的一切让与及对罚金与没收财产所做的一切承诺,皆属非法而无效。
13.为申雪一切诉冤,并为修正、加强与维护法律起见,国会应时常集会。
彼等(即灵俗两界贵族与众议员等)并主张、要求与坚持上述各条为彼等无可置疑之权利与自由;凡上开各条中有损人民之任何宣告、判决、行为或诉讼程序,今后断不应据之以为结论或先例。
BILL OF RIGHTS1689An Act Declaring the Rights and Liberties of the Subject and Settling the Succession of the CrownWhereas the Lords Spiritual and Temporal and Commons assembled at Westminster, lawfully, fully and freely representing all the estates of the people of this realm, did upon the thirteenth day of February in the year of our Lord one thousand six hundred eighty-eight [old style date] present unto their Majesties, then called and known by the names and style of William and Mary, prince and princess of Orange, being present in their proper persons, a certain declaration in writing made by the said Lords and Commons in the words following, viz.:Whereas the late King James the Second, by the assistance of divers evil counsellors, judges and ministers employed by him, did endeavour to subvert and extirpate the Protestant religion and the laws and liberties of this kingdom;By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;By committing and prosecuting divers worthy prelates for humbly petitioning to be excused from concurring to the said assumed power;By issuing and causing to be executed a commission under the great seal for erecting a court called the Court of Commissioners for Ecclesiastical Causes;By levying money for and to the use of the Crown by pretence of prerogative for other time and in other manner than the same was granted by Parliament;By raising and keeping a standing army within this kingdom in time of peace without consent of Parliament, and quartering soldiers contrary to law;By causing several good subjects being Protestants to be disarmed at the same time when papists were both armed and employed contrary to law;By violating the freedom of election of members to serve inParliament;By prosecutions in the Court of King's Bench for matters and causes cognizable only in Parliament, and by divers other arbitrary and illegal courses;And whereas of late years partial corrupt and unqualified persons have been returned and served on juries in trials, and particularly divers jurors in trials for high treason which were not freeholders;And excessive bail hath been required of persons committed in criminal cases to elude the benefit of the laws made for the liberty of the subjects;And excessive fines have been imposed;And illegal and cruel punishments inflicted;And several grants and promises made of fines and forfeitures before any conviction or judgment against the persons upon whom the same were to be levied;All which are utterly and directly contrary to the known laws and statutes and freedom of this realm;And whereas the said late King James the Second having abdicated the government and the throne being thereby vacant, his Highness the prince of Orange (whom it hath pleased Almighty God to make the glorious instrument of delivering this kingdom from popery and arbitrary power) did (by the advice of the Lords Spiritual and Temporal and diversprincipal persons of the Commons) cause letters to be written to the Lords Spiritual and Temporal being Protestants, and other letters to the several counties, cities, universities, boroughs and cinque ports, for the choosing of such persons to represent them as were of right to be sent to Parliament, to meet and sit at Westminster upon the two and twentieth day of January in this year one thousand six hundred eighty and eight [old style date], in order to such an establishment as that their religion, laws and liberties might not again be in danger of being subverted, upon which letters elections having been accordingly made;And thereupon the said Lords Spiritual and Temporal and Commons,pursuant to their respective letters and elections, being now assembled in a full and free representative of this nation, taking into their most serious consideration the best means for attaining the ends aforesaid, do in the first place (as their ancestors in like case have usually done) for the vindicating and asserting their ancient rights and liberties declare:That the pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;That the pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal;That the commission for erecting the late Court of Commissionersfor Ecclesiastical Causes, and all other commissions and courts of like nature, are illegal and pernicious;That levying money for or to the use of the Crown by pretence of prerogative, without grant of Parliament, for longer time, or in other manner than the same is or shall be granted, is illegal;That it is the right of the subjects to petition the king, and all commitments and prosecutions for such petitioning are illegal;That the raising or keeping a standing army within the kingdom in time of peace, unless it be with consent of Parliament, is against law;That the subjects which are Protestants may have arms for their defence suitable to their conditions and as allowed by law;That election of members of Parliament ought to be free;That the freedom of speech and debates or proceedings in Parliament ought not to be impeached or questioned in any court or place out of Parliament;That excessive bail ought not to be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted;That jurors ought to be duly impanelled and returned, and jurors which pass upon men in trials for high treason ought to be freeholders;That all grants and promises of fines and forfeitures of particular persons before conviction are illegal and void;And that for redress of all grievances, and for theamending,strengthening and preserving of the laws, Parliaments ought to be held frequently.And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example; to which demand of their rights they are particularly encouraged by the declaration of his Highness the prince of Orange as being the only means for obtaining a full redress and remedy therein.Having therefore an entire confidence that his said Highness the prince of Orange will perfect the deliverance so far advanced by him, and will still preserve them from the violation of their rights which they have here asserted, and from all other attempts upon their religion, rights and liberties, the said Lords Spiritual and Temporal and Commons assembled at Westminster do resolve that William and Mary, prince and princess of Orange, be and be declared king and queen of England, France and Ireland and the dominions thereunto belonging, to hold the crown and royal dignity of the said kingdoms and dominions to them, the said prince and princess, during their lives and the life of the survivor to them, and that the sole and full exercise of the regal power be only in and executed by the said prince of Orange in the names of the said prince and princessduring their joint lives, and after their deceases the said crown and royal dignity of the same kingdoms and dominions to be to the heirs of the body of the said princess, and for default of such issue to the Princess Anne of Denmark and the heirs of her body, and for default of such issue to the heirs of the body of the said prince of Orange. And the Lords Spiritual and Temporal and Commons do pray the said prince and princess to accept the same accordingly.And that the oaths hereafter mentioned be taken by all persons of whom the oaths have allegiance and supremacy might be required by law, instead of them; and that the said oaths of allegiance and supremacy be abrogated."I, A.B., do sincerely promise and swear that I will be faithful and bear true allegiance to their Majesties King William and Queen Mary. So help me God.""I, A.B., do swear that I do from my heart abhor, detest and abjure as impious and heretical this damnable doctrine and position, that princes excommunicated or deprived by the Pope or any authority of the see of Rome may be deposed or murdered by their subjects or any other whatsoever. And I do declare that no foreign prince, person, prelate, state or potentate hath or ought to have any jurisdiction, power, superiority, pre-eminence or authority, ecclesiastical or spiritual, within this realm. So help me God."Upon which their said Majesties did accept the crown and royal dignity of the kingdoms of England, France and Ireland, and the dominions thereunto belonging, according to the resolution and desire of the said Lords and Commons contained in the said declaration.And thereupon their Majesties were pleased that the said Lords Spiritual and Temporal and Commons, being the two Houses of Parliament, should continue to sit, and with their Majesties' royal concurrence make effectual provision for the settlement of the religion, laws and liberties of this kingdom, so that the same for the future might not be in danger again of being subverted, to which the said Lords Spiritual and Temporal and Commons did agree, and proceed to act accordingly.Now in pursuance of the premises the said Lords Spiritual and Temporal and Commons in Parliament assembled, for the ratifying, confirming and establishing the said declaration and the articles, clauses, matters and things therein contained by the force of law made in due form by authority of Parliament, do pray that it may be declared and enacted that all and singular the rights and liberties asserted and claimed in the said declaration are the true, ancient and indubitable rights and liberties of the people of this kingdom, and so shall be esteemed, allowed, adjudged, deemed and taken to be; and that all and every the particulars aforesaid shall be firmly and strictly holden and observed as they are expressed inthe said declaration, and all officers and ministers whatsoever shall serve their Majesties and their successors according to the same in all time to come.And the said Lords Spiritual and Temporal and Commons, seriously considering how it hath pleased Almighty God in his marvellous providence and merciful goodness to this nation to provide and preserve their said Majesties' royal persons most happily to reign over us upon the throne of their ancestors, for which they render unto him from the bottom of their hearts their humblest thanks and praises, do truly, firmly, assuredly and in the sincerity of their hearts think, and do hereby recognize, acknowledge and declare, that King James the Second having abdicated the government, and their Majesties having accepted the crown and royal dignity as aforesaid, their said Majesties did become, were, are and of right ought to be by the laws of this realm our sovereign liege lord and lady, king and queen of England, France and Ireland and the dominions thereunto belonging, in and to whose princely persons the royal state, crown and dignity of the said realms with all honours, styles, titles, regalities, prerogatives, powers, jurisdictions and authorities to the same belonging and appertaining are most fully, rightfully and entirely invested and incorporated, united and annexed. And for preventing all questions and divisions in this realm by reason of any pretended titles to the crown, and for preserving a certainty in the succession thereof, in andupon which the unity, peace, tranquility and safety of this nation doth under God wholly consist and depend, the said Lords Spiritual and Temporal and Commons do beseech their Majesties that it may be enacted, established and declared, that the crown and regal government of the said kingdoms and dominions, with all and singular the premises thereunto belonging and appertaining, shall be and continue to their said Majesties and the survivor of them during their lives and the life of the survivor of them, and that the entire, perfect and full exercise of the regal power and government be only in and executed by his Majesty in the names of both their Majesties during their joint lives; and after their deceases the said crown and premises shall be and remain to the heirs of the body of her Majesty, and for default of such issue to her Royal Highness the Princess Anne of Denmark and the heirs of the body of his said Majesty; and thereunto the said Lords Spiritual and Temporal and Commons do in the name of all the people aforesaid most humbly and faithfully submit themselves, their heirs and posterities for ever, and do faithfully promise that they will stand to, maintain and defend their said Majesties, and also the limitation and succession of the crown herein specified and contained, to the utmost of their powers with their lives and estates against all persons whatsoever that shall attempt anything to the contrary.And whereas it hath been found by experience that it is inconsistentwith the safety and welfare of this Protestant kingdom to be governed by a popish prince, or by any king or queen marrying a papist, the said Lords Spiritual and Temporal and Commons do further pray that it may be enacted, that all and every person and persons that is, are or shall be reconciled to or shall hold communion with the see or Church of Rome, or shall profess the popish religion, or shall marry a papist, shall be excluded and be for ever incapable to inherit, possess or enjoy the crown and government of this realm and Ireland and the dominions thereunto belonging or any part of the same, or to have, use or exercise any regal power, authority or jurisdiction within the same; and in all and every such case or cases the people of these realms shall be and are hereby absolved of their allegiance; and the said crown and government shall from time to time descend to and be enjoyed by such person or persons being Protestants as should have inherited and enjoyed the same in case the said person or persons so reconciled, holding communion or professing or marrying as aforesaid were naturally dead; and that every king and queen of this realm who at any time hereafter shall come to and succeed in the imperial crown of this kingdom shall on the first day of the meeting of the first Parliament next after his or her coming to the crown, sitting in his or her throne in the House of Peers in the presence of the Lords and Commons therein assembled, or at his or her coronation before such person or persons who shall administer the coronation oath to him or herat the time of his or her taking the said oath (which shall first happen), make, subscribe and audibly repeat the declaration mentioned in the statute made in the thirtieth year of the reign of King Charles the Second entitled, _An Act for the more effectual preserving the king's person and government by disabling papists from sitting in either House of Parliament._ But if it shall happen that such king or queen upon his or her succession to the crown of this realm shall be under the age of twelve years, then every such king or queen shall make, subscribe and audibly repeat the same declaration at his or her coronation or the first day of the meeting of the first Parliament as aforesaid which shall first happen after such king or queen shall have attained the said age of twelve years.All which their Majesties are contented and pleased shall be declared, enacted and established by authority of this present Parliament, and shall stand, remain and be the law of this realm for ever; and the same are by their said Majesties, by and with the advice and consent of the Lords Spiritual and Temporal and Commons in Parliament assembled and by the authority of the same, declared, enacted and established accordingly.II. And be it further declared and enacted by the authority aforesaid, that from and after this present session of Parliament no dispensation by _non obstante_ of or to any statute or any part thereof shall be allowed, but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases asshall be specially provided for by one or more bill or bills to be passed during this present session of Parliament.III. Provided that no charter or grant or pardon granted before the three and twentieth day of October in the year of our Lord one thousand six hundred eighty-nine shall be any ways impeached or invalidated by this Act, but that the same shall be and remain of the same force and effect in law and no other than as if this Act had never been made.。
权利法案(美国)-the Bill of Rights(中英文)
权利法案(美国)(中英文)1787年在费城起草的宪法,在各州审议批准的过程中,也有不少美国公民感到不安,因为宪法中并没有明确保障个人的权利。
因此,《宪法》补充了10条修正案,统一称为《权利法案》,英文叫The Bill of Rights。
由于补充了《权利法案》,《宪法》在13个州均获批准,并于1789年生效。
(左下图:美国威廉姆斯堡总督府的一个小会议室,就是《弗吉尼亚州权利法案》-后来成为美国宪法中《权利法案》蓝本的制定地) 第一条 Amendment II . F reedom of Speech, Press, Religion and Petition Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances. 译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权利。
第二条 Amendment IIII . Right to keep and bear arms A well regulated Militia, being necessary to the security of a free State, the right of the people to keep and bear Arms, shall not be infringed. 译文:纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带武器的权利不可侵犯。
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权利法案原文
第一条
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
译文:国会不得制定关于下列事项的法律:确立国教或禁止信教自由;
剥夺言论自由或出版自由;或剥夺人民和平集会和向政府请愿伸冤的权
利。
第二条
A well regulated Militia being necessary to the security of a free State, the right of the people to keep and bear Arms shall not be infringed.
译文:纪律严明的民兵是保障自由州的安全所必需的,人民持有和携带
武器的权利不可侵犯。
第三条
No Soldier shall, in time of peace be quartered in any house, without the consent of the Owner, nor in time of war, but in a manner to be prescribed by law.
译文:未经房主同意,士兵平时不得驻扎在任何住宅;除依法律规定的
方式,战时也不得驻扎。
第四条
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
译文:人民的人身、住宅、文件和财产不受无理搜查和扣押的权利,不
得侵犯。
除依据可能成立的理由,以宣誓或代誓宣言保证,并详细说明
搜查地点和扣押的人或物,否则不得发出搜查和扣押状。
第五条
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the Militia, when in actual service in time of War or public danger; nor shall any person be subject for the same offence to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use, without just compensation.
译文:除非根据大陪审团的报告或起诉书,任何人不受死罪或其他重罪
的审判,但发生在陆、海军中或发生在战时或出现公共危险时服役的民
兵中的案件除外;任何人不得因同一犯罪行为而两次遭受生命或身体的
危害;不得在任何刑事案件中被迫自证其罪;不经正当法律程序,不得
被剥夺生命、自由或财产。
不给予公平赔偿,私有财产不得充作公用。
第六条
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.
译文:在一切刑事诉讼中,被告有权由犯罪行为发生地的州和地区的公
正陪审团予以迅速和公开的审判,该地区应事先已由法律确定;得知控
告的性质和理由;同原告证人对质;以强制程序取得对其有利的证人;
并取得律师帮助为其辩护。
第七条
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law.
译文:在普通法的诉讼中,其争执价额超过二十美元,由陪审团审判的
权利应受到保护。
由陪审团裁决的事实,合众国的任何法院除非按照习
惯法规则,不得重新审查。
第八条
Excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted.
译文:不得要求过多的保释金,不得处以过重的罚金,不得施加残酷和
非常的惩罚。
第九条
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
译文:本宪法对某些权利的列举,不得被解释为否定或轻视由人民保留
的其他权利。
第十条
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
译文:宪法未授予合众国、也未禁止各州行使的权力,由各州各自保留,
或由人民保留。