A report on Fundamental rights
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment.
- Fundamental rights13 related topics with Alpha
Strict scrutiny
2 linksNecessary to achieve a "compelling state interest".
Necessary to achieve a "compelling state interest".
The compelling state interest test is distinguishable from the rational basis test, which involves claims that do not involve a suspect class or fundamental right, but still arise under the Equal Protection Clause or Due Process Clause.
Substantive due process
2 linksSubstantive due process is a principle in United States constitutional law that allows courts to establish and protect certain fundamental rights from government interference, even if procedural protections are present or the rights are unenumerated (not specifically mentioned) elsewhere in the U.S. Constitution.
Constitution
1 linksAggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
Aggregate of fundamental principles or established precedents that constitute the legal basis of a polity, organisation or other type of entity and commonly determine how that entity is to be governed.
Some constitutions, especially codified constitutions, also act as limiters of state power, by establishing lines which a state's rulers cannot cross, such as fundamental rights.
Rational basis review
2 linksNormal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
Normal standard of review that courts apply when considering constitutional questions, including due process or equal protection questions under the Fifth Amendment or Fourteenth Amendment.
Heightened scrutiny is applied where a suspect or quasi-suspect classification is involved, or a fundamental right is implicated.
Fifth Amendment to the United States Constitution
1 linksThe Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution.
The Fifth Amendment (Amendment V) to the United States Constitution addresses criminal procedure and other aspects of the Constitution.
The Supreme Court has interpreted the Fifth Amendment's Due Process Clause as providing two main protections: procedural due process, which requires government officials to follow fair procedures before depriving a person of life, liberty, or property, and substantive due process, which protects certain fundamental rights from government interference.
Right to keep and bear arms in the United States
1 linksThe right to keep and bear arms in the United States is a fundamental right protected by the Second Amendment to the United States Constitution, part of the Bill of Rights, and by the constitutions of most U.S. states.
Freedom of the press
1 linksFundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely.
Fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely.
Media freedom is a fundamental right that applies to all member states of the European Union and its citizens, as defined in the EU Charter of Fundamental Rights as well as the European Convention on Human Rights.
Government interest
1 linksConcept in law that allows the state to regulate a given matter.
Concept in law that allows the state to regulate a given matter.
A compelling governmental interest may override fundamental constitutional rights, if it satisfies the strict scrutiny test.
Second Amendment to the United States Constitution
1 linksThe Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms.
The Second Amendment (Amendment II) to the United States Constitution protects the right to keep and bear arms.
After a lengthy historical and legal analysis Anthony Picadio concluded: “If the Second Amendment had been understood to have the meaning given to it by Justice Scalia, it would not have been ratified by Virginia and the other slave states.” Picadio pointed out that the right acknowledged in Heller was not originally to be an enumerated right.
Sustainable Development Goal 16
0 linksAbout "peace, justice and strong institutions."
About "peace, justice and strong institutions."
The goal has ten "outcome targets": Reduce violence; protect children from abuse, exploitation, trafficking and violence; promote the rule of law and ensure equal access to justice; combat organized crime and illicit financial and arms flows, substantially reduce corruption and bribery; develop effective, accountable and transparent institutions; ensure responsive, inclusive and representative decision-making; strengthen the participation in global governance; provide universal legal identity; ensure public access to information and protect fundamental freedoms.