Define: Fundamental Right

Fundamental Right
Fundamental Right
Quick Summary of Fundamental Right

The term “Fundamental Right” refers to the basic rights and freedoms that are guaranteed to individuals by a constitution or law. These rights are considered essential for the protection and well-being of individuals and are typically protected from infringement by the government or other entities. They include rights such as freedom of speech, religion, and the right to a fair trial.

Fundamental Right FAQ'S

Fundamental rights are basic human rights that are guaranteed and protected by the constitution of a country. They are essential for the overall well-being and dignity of individuals.

Fundamental rights ensure that individuals have certain freedoms and protections against the actions of the government or other individuals. They promote equality, justice, and the rule of law.

Yes, fundamental rights can be limited or restricted under certain circumstances. These limitations are usually imposed to protect public order, national security, or the rights of others. However, any restrictions must be reasonable, proportionate, and in accordance with the law.

In general, fundamental rights cannot be waived or given up voluntarily. They are considered inherent to every individual and cannot be easily relinquished. However, there may be certain situations where individuals may voluntarily give up certain rights, such as in the case of a contractual agreement.

Fundamental rights primarily protect individuals from actions of the government. However, in some cases, fundamental rights can also be violated by private individuals, especially if they involve discrimination, harassment, or infringement on personal liberties. In such cases, legal remedies can be sought.

In exceptional circumstances, such as during a state of emergency or a national crisis, fundamental rights can be temporarily suspended or limited to ensure public safety and security. However, such suspensions must be strictly necessary and proportionate to the situation.

Yes, fundamental rights can be enforced in court. If an individual believes that their fundamental rights have been violated, they can file a lawsuit or petition in the appropriate court seeking redress and protection of their rights.

Fundamental rights are usually entrenched in the constitution and can only be amended or changed through a formal constitutional amendment process. This process typically requires a significant majority vote in the legislature or a referendum.

No, fundamental rights are not absolute. They are subject to reasonable restrictions and limitations as determined by law. The exact scope and limitations of each fundamental right may vary depending on the specific legal framework of a country.

Fundamental rights are meant to be universal and apply to all individuals, regardless of their race, religion, gender, or other characteristics. Denying fundamental rights to certain individuals or groups is a violation of the principles of equality and non-discrimination.

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Disclaimer

This site contains general legal information but does not constitute professional legal advice for your particular situation. Persuing this glossary does not create an attorney-client or legal adviser relationship. If you have specific questions, please consult a qualified attorney licensed in your jurisdiction.

This glossary post was last updated: 13th April 2024.

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