The Boy and The Coconut Tree

This is a paper I wrote in 2005 for my LLM but never submitted it. Fundamental rights are, arguably, the single most important aspect of a successful democratic society. Without them the general public's freedom would be restricted to such an extent that a peaceful existence would become almost impossible. However, although they are common to all democracies, this certainly does not mean that they are subject to the same treatment the world over. As I will illustrate, the way in which England and the US treat fundamental rights has general similarities but is often vastly different when it comes to specific branches and settling individual cases. To begin with it is vital to point out how each country's code on fundamental rights came about. In America fundamental rights are set out in a written constitution, formed in 1787 after the American revolution. At this time there was a feeling of uncertainty in the air and the American citizens were anxious to see their ri...