ABSTRACT

During the eighteenth and nineteenth centuries, individualism flourished in various Western countries, advocating that the rights of individuals were innate and therefore absolute. The Draft Constitution stipulates that "All the people's other rights and freedoms which harm neither the social order nor the public interest receive the protection of the Constitution: they cannot be limited except in accordance with law". The Draft Constitution uses two methods to protect the people rights. One is to restrict executive and judicial powers so that they shall not harm people. The second method is to restrict legislative powers so that they shall not harm the people. When drafting a constitution there are two distinct ways in which people rights and freedoms can be restricted; restriction by law and by the Constitution. The constitutional method of restricting rights and freedoms is stronger and stable than the legal method. The best way to protect people rights is to have these restrictions arise from the Constitution.