Define: Privileges And Immunities

Privileges and immunities refer to the rights and protections afforded to individuals by law, often in the context of constitutional or international law. These rights typically include fundamental freedoms such as the right to freedom of speech, the right to due process, and the right to equal protection under the law. Privileges and immunities clauses are commonly found in constitutions and legal treaties, aimed at ensuring that individuals are treated fairly and equally regardless of their nationality, race, or other characteristics. These provisions may also extend to protect certain privileges or immunities of citizens when traveling or conducting business across different jurisdictions. Overall, privileges and immunities are essential for safeguarding individual rights and promoting equality and justice within society.

The definition of “privileges and immunities” was first spelt out by Supreme Court Justice Bushrod Washington in 1823: “protection by the government, with the right to acquire and possess property of every kind, and to pursue and obtain happiness and safety, subject, nevertheless, to such restraints as the government may prescribe for the general good of the whole.” However, the exact nature of privileges and immunities which the state governments could limit has long been in dispute, with the U.S. Supreme Court gradually tipping toward protecting the individual rights of citizens against state statutes that might impinge on constitutional rights.

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This glossary post was last updated: 29th March, 2024.