1. The function of the legislature in a free society under the Rule
of Law is to create and maintain the conditions which will uphold the
dignity of man as an individual. This dignity requires not only the
recognition of his civil and political rights but also the establishment
of the social, economic, educational and cultural conditions which are
essential to the full development of his personality.
2.
(1) In many societies, particularly those which have not yet fully
established traditions of democratic legislative behaviour, it is
essential that certain limitations on legislative power referred to in
Clause III hereof should be incorporated in a written constitution, and
that the safeguards therein contained should be protected by an
independent judicial tribunal; in other societies, established standards
of legislative behaviour may serve to ensure that the same limitations
are observed, and a lawyer has a positive interest, and duty to assist,
in the maintenance of such standards of behaviour within his particular
society, notwithstanding that their sanction may be of a political
nature.
(2) To implement the principles set forth in
the preceding Clause I it is essential that the powers of the
legislature be fixed and determined by fundamental constitutional
provisions or conventions which:
(a) guarantee the organisation of the
legislature in such a way that the people, without discrimination among
individuals, may directly, or through their representatives, decide on
the content of the law;
(b) confer on the legislature, especially
with regard to the matters set out in Clause I, the exclusive power of
enacting general principles and rules as distinct from detailed
regulations thereunder;
(c) provide for control, by the
representatives of the people, over the exercise by the executive of
such subordinate legislative functions as are necessary to give effect
to legislation; and
(d) organise judicial sanctions enforcing
the principles set out in this Clause, and protect the individual from
encroachments on his rights under Clause III. The safeguards contained
in the constitution should not be indirectly undermined by devices which
leave only the semblance of judicial control.
3.
(1) Every legislature in a free society under the Rule of Law should
endeavour to give full effect to the principles enunciated in the
Universal Declaration of Human Rights.
(2) The governments of the world should
provide the means whereby the Rule of Law may be maintained and
furthered through international or regional agreements on the pattern of
the European Convention for the Protection of Human Rights and
Fundamental Freedoms, signed in Rome on November 4, 1950, or otherwise.
Such agreements should provide an opportunity of appeal to an
international body for a remedy against denial of the rights implicit in
the Rule of Law in any part of the world.
(3) Every legislature should, in particular,
observe the limitations on its powers referred to below. The failure to
refer specifically to other limitations, or to enumerate particular
rights is not to be construed as in any sense minimizing their
importance.
The legislature
must:
(a) not discriminate in its laws in respect
of individuals, classes of persons, or minority groups on the ground of
race, religion, sex or other such reasons not affording a proper basis
for making a distinction between human beings, classes, or minorities;
(b) not interfere with freedom of religious
belief and observance;
(c) not deny to the members of society the
right to elected responsible government;
(d) not place restrictions on freedom of
speech, freedom of assembly or freedom of association;
(e) abstain from retroactive legislation;
(f) not impair the exercise of fundamental
rights and freedoms of the individual;
(g) provide procedural machinery
("procedural due process") and safeguards whereby the abovementioned
freedoms are given effect to and protected.
4.
(1) The principles stated in the foregoing Clauses represent the proper
aspirations of all men. Every legislature and every government should
endeavour to give full effect to the foregoing principles, not only in
relation to their own countries, but also in relation to any territories
under their administration or protection, and should take steps to
abrogate any existing laws which are inconsistent therewith.
(2) The 1egislatures and the governments of
the world should advance by every means in their power the ultimate and
universal application of the principles here enunciated.