Author: Arila Baja
Date of Publication: 06/06/2023
Human rights are the basic liberties and rights that every individual in the world has from birth to death. They apply to everyone, regardless of where they are from, what they believe, or how they live their lives. Of course, in human rights, there is no discrimination in relation to race, but there may be in relation to citizenship. This is because citizenship is based on individual equality, whereas race is defined by communal inequality.
Another important concept of Human Rights is “ Iusnaturalism”. It is a legal theory that maintains that legal principles are based on a human universal understanding of fairness and relationship harmony. For example, it considers regulations that contravene universal knowledge to be unfair and unlawful. According to “ Iusnaturalism” law exists before men...even if the law is a human product.
Fundamental rights are a collection of rights that have been recognized by a high level of protection from infringement. These rights are expressly stated in a constitution or have been established via due process of law. So, the word fundamental right is a technical term that refers to when certain human rights are set down in a Constitution and are safeguarded by constitutional safeguards.
Rights and power are two faces of the same coin of the same phenomenon. There are no rights without separation of power: S,o power and rights are two fundamental aspects of constitutional law, they march in the same direction.
In particular, fundamental rights are a group of rights that have been recognized by the Supreme Court. This is because they require a high degree of protection from government encroachment. These rights have been deemed to exist under due process or are expressly stated in the Constitution, particularly the Bill of Rights. Fundamental rights are often subject to stringent scrutiny before a law can be regarded as constitutional.
A power or a limitation of authority recognized and established by a sovereign state or union of states is referred to as a constitutional right. Constitutional rights may be officially stated in a national constitution. Actually, they may be deduced from its language, which is the ultimate law of the land. Meaning that legislation that contradicts it is deemed illegal and illegitimate.
Typically, a constitution describes the organization, functions, powers, and restrictions of the national government. As well as the individual freedoms, rights, and duties that will be preserved and enforced by national authorities when necessary.
Constitutional rights generally answer to two conditions. First they came from a Historical protection. Second, they are contained in the National charters. The two most important and specific rights are : Freedom of Assembly and Right to Vote.
There are 191 constitutions that acknowledge the right to assemble. It is also possible to qualify it as the right to "peaceful" or "unarmed" assembly for "legal purposes." For example, the right to vote is stated in 143 national constitutions. It might also be secret or required. There may also be limitations based on residence, age, or a criminal record.
Terminology of Law :
● Iusnaturalism –> is a legal theory that maintains that legal standards are based on a human universal understanding of fairness and relationship harmony.
● Bill of Rights ->Bill of Rights, in the United States, the first ten amendments to the United States Constitution. These were enacted as a unified unit on December 15, 1791, and contain a collection of mutually reinforcing guarantees of individual rights and limits on federal and state governments. The United States Constitution's Bill of Rights.
● Legal purpose-> The notion or necessity that the reason for an agreement or contract must conform with the law and public policy is known as legal purpose.