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Individual Rights

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Individual Rights

Individual rights as a most significant aspect that must be included in the constitution of every country. People matters and to ensure their wellbeing and effective social cohesion in the society and as well protect them from oppression from any entity or government institution. These individual rights include, right to keep and possess firearms, freedom of speech, press, and assembly and also the right to choose and exercise a certain religion (Wilson, 2017). However, the individual rights provision is different in every country. These individual rights are provided under the first and second amendment of the Constitution.  Notably, the individual rights provided by the U.S Constitution is found to be outstanding and unique as it has more provision than those of other countries (Wilson, 2017). Therefore, this paper will compare and contrast the individual rights provided by the United States’ constitution with those of the Chinese Constitution.

To begin with the United States constitutional rights encompassing individual rights entails numerous aspects which the state is prohibited to do to its citizens. In essence, the United States Constitution provides individual rights to protect each and every person from the government (Wilson, 2017). This individual rights provided by the constitution entails interaction only between the government and the individual. Actually, the United States individual rights place emphasize on negative rights yet neither affirmative rights. As it dictates on what the government cannot do to its citizens. On the other hand, the idea of rights within China is derived from German constitution. This concept entails all legal relationship including both the relationships among private individuals and as well between an individual and the government. Therefore a complaint can be made against individual who infringes the right of another. Absurdly, it is difficult to ensure the enforcement of a right in contradiction of the Chinese government due to the principle of state interest as well as public order (Chen, 2007). Therefore the constitutional individual rights are additionally vital to order the association among private individuals than to order relationships between an individual and the state.

The constitution of China provides for the freedom to have free speech. Individuals are protected against denial having a free speech, therefore an infringement of this right is admissible for a lawsuit. However, suppose the government suppresses or infringes an individual’s freedom to practice free speech, the court will rule in favor of the government stating that the infringement by the government is eligible under the terms of state interest (Chen, 2007). In the United States, the citizens are given the right to speech by the constitution. This right is protected by the constitution against any infringement from the government. Suppose the government infringes one’s right to free speech, he or she can sue the government and the court will rule against the government if found guilty with regards to the First Amendment (The American reader, 2017). Though the First Amendment does not apply when the issue of infringement of this right involves private individuals only.

It is evident that level of support by China on the individual rights for its citizens is low compared to the United States protection on individual rights. In the Chinese constitution that is derived from Germany a government staff is capable of infringing an individual’s rights in terms of state interest as well as public order as the Chinese constitution is interpreting it as the preservation of the socialist system. Similarly, this does not suggest that the citizens of China lack individual rights  or even that the Chinese government is too powerful (Chen, 2007).  For instance, suppose a governmental officers in China does something personal yet he is not authorized by the law he can absurdly makes effort to fix it legally. Literally, the United States rights have a tendency of being negative as well as involving the government though they remain to be absolute. Certain things exists that the United States government cannot commit with regards to the First Amendment whereas some areas exists that an argument can be placed that the free speech is unconditional though certain rules can be established prohibiting the government form doing certain things (Wilson, 2017). Since China’s constitution possess positive rights, an individual has the right to get educated and the right to work, a general rule system cannot be established to enforce a freedom to work or the freedom to obtain education (Chen, 2007).  Nonetheless, since the framework is applicable to political rights, the individual certainly remains with minimal free speech protection.

Both United States and China constitution provide for freedom to exercise religion. In China, the constitution protects what they refer to normal religious activity. China has centered in protecting its citizen’s right to religious belief, establish a proactive and proper religious relationship as well as sustain religious together with social harmony (Chen, 2007). However, China’s constitution supports the principle implying that religions have to be Chinese oriented as well as always guide the religions in order for them to adapt and fit the society. The Chinese constitution aims at enabling both religious as well as non-believers to integrate and socialize together in harmony while simultaneously being respectful to one another and commit themselves to reform and opening up contributing to the comprehension of the Chinese national reconstruction (Chen, 2007). Moreover, the Chinese constitution is supporting all religions in encouraging self-independence as well as self-management. 

The United States Constitution provides for freedom to choose and exercise religion. This constitution seeks to prohibit the government from forming a state religion and as well as allowing every individual to exercise their right of practicing their religion. The First Amendment of the Constitution prohibits Congress from forming a state religion or even discouraging the free exercising of religion (The American reader, 2017). Additionally, the First Amendment has the Establishment Clause which helps in preventing the United States government from establishing a state or federal religion, neither to favor any religion over other nor even entangle the government with religion. This provides more freedom to the people as they will be free to choose their religion without any governmental influence, bias or persecution.

The United State Constitution provides for the right to keep and allow arms while China prohibits and does not provide the right to keep and allow arms as an individual right to its citizens. China does not completely tolerate its citizens to possess or keep firearms (Chen, 2007). In fact, China has prohibited possession of firearms by all citizens. China government is very strict an intolerant in cases of gun possession. And that is why it does not have any provision in the constitution that provides for firearm possession. However, gun possession is highly regularized in China and those who seek to possess guns such as hunters have to seek a permit to be allowed to possess a gun. Moreover, only civilians without criminal records are allowed to apply for a gun permit though must have a good reason.

The United States Constitution provides for keeping and possessing firearms as an individual right. The United States has the right to fully own and keep a gun for self-protection. The Second Amendment prohibits the state or the political class from infringing the right to possess and bear arms (Wilson, 2017). This provision encourages the possession of firearms by the United States citizens for self-defense. Possession of a gun in the United States is a constitutional right for every citizen. This provision focus on protecting individuals from being denied the opportunity by the government to obtain firearms for their own self-defense.  Unlike China, the United State provision on the right to possess firearms does not require people to acquire a permit in order to keep a gun. Instead, the United States exercise their right freely by purchasing guns and keep them for their own safety (The American reader, 2017). However, underage United States citizens are not allowed to possess guns. Only those who have attained a legal age of limit for gun passion are allowed to keep and bear firearms.

To sum up, the individual rights provided by the United States Constitution is quite similar to those of the Chinese constitution. However, it is evident that the individual rights provided by the United States constitution tend to vary from that of China. The individual rights of United States citizens are quite unique and stand out in a number of individual rights provision when compared to China and also other countries.