FACTOID # 10: The total number of state executions in 2005 was 60: 19 in Texas and 41 elsewhere. The racial split was 19 Black and 41 White.
 
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Encyclopedia > Fundamental right

A fundamental right is a right that has its origin in a country's constitution or that is necessarily implied from the terms of that constitution. These fundamental rights usually encompass those rights considered natural human rights. In jurisprudence and law, a right is the legal or moral entitlement to do or refrain from doing something or to obtain or refrain from obtaining an action, thing or recognition in civil society. ... For other uses, see Universalism (disambiguation). ...


Some rights generally recognized as fundamental are:

Contents

For other uses, see Life (disambiguation). ... Marriage is an interpersonal relationship with governmental, social, or religious recognition, usually intimate and sexual, and often created as a contract, or through civil process. ... Reproduction is the creation of one thing as a copy of, product of, or replacement for a similar thing, e. ... Freedom of association is a Constitutional (legal) concept based on the premise that it is the right of free adults to mutually choose their associates for whatever purpose they see fit. ... Freedom of speech is the right to freely say what one pleases, as well as the related right to hear what others have stated. ... The context of Equality of treatment is usually in interpersonal relations, especially in the relation of the individual to an organization (usually government). ... Freedom of thought (also called freedom of conscience and freedom of ideas) is the freedom of an individual to hold or consider a fact, viewpoint, or thought, regardless of anyone elses view. ... Religious belief refers to a faith or creed concerning the supernatural, sacred, or divine. ... For other uses, see Happiness (disambiguation). ... Voting is a method of decision making wherein a group such as a meeting or an electorate attempts to gauge its opinion—usually as a final step following discussions or debates. ... Charles James Fox as the biblical serpent tempting John Bull away from monarchy in this James Gillray satire of the Jacobin movement Freedom of contract is a natural law concept that individuals should be free to bargain over the terms of their own contracts without government interference. ...

American Constitutional Law

In American Constitutional Law, fundamental rights have special significance under the 14th Amendment to the Constitution. Via the due process and equal protection clauses of that amendment, the Supreme Court has held that some rights are so fundamental, that any law restricting such a right must both serve a compelling state purpose, and be narrowly tailored to that compelling purpose. In the United States, constitutional law generally refers to the provisions of the United States Constitution, as interpreted by the United States Supreme Court. ... In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life, liberty... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ...


While the recognition of such rights have changed over time, they are generally coterminous with the rights laid out in the Bill of Rights, though not all rights in the Bill of Rights are fundamental. For example, states are not required to obey the Fifth Amendment requirement of indictment by grand jury. Many states choose to have preliminary hearings instead of grand juries The Supreme Court has also recognized some other fundamental rights not specifically enumerated in the Constitution, including: A bill of rights is a list or summary of rights that are considered important and essential by a group of people. ... Amendment V (the Fifth Amendment) of the United States Constitution, which is part of the Bill of Rights, is related to legal procedure. ... In the American common law legal system, a grand jury is a type of jury which determines if there is enough evidence for a trial. ... Within some criminal justice systems, a preliminary hearing (evidentiary hearing) is a meeting, after a criminal complaint has been filed by the prosecutor, to determine whether, and to what extent, criminal charges and civil cause of actions will be heard (by a court), what evidence will be admitted, and what...

  • the right to privacy
  • the right to marry and procreate
  • the right to interstate travel

Any restrictions on these rights on the basis of race or religion are evaluated with strict scrutiny. If they are denied to everyone, it is an issue of substantive due process. If they are denied to some individuals but not others, it is an issue of equal protection. Strict scrutiny is the highest standard of judicial review used by courts in the United States. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... The Equal Protection Clause is a part of the Fourteenth Amendment to the United States Constitution, providing that no state shall make or enforce any law which shall. ...


During the Lochner era, the right to freedom of contract was considered to be fundamental and thus restrictions on that right were subject to strict scrutiny. Following the 1937 Supreme Court decision in West Coast Hotel Co. v. Parrish, though, the right to contract became considerably less important in the context of substantive due process and restrictions on it were evaluated under the rational basis standard. This article or section does not cite its references or sources. ... Charles James Fox as the biblical serpent tempting John Bull away from monarchy in this James Gillray satire of the Jacobin movement Freedom of contract is a natural law concept that individuals should be free to bargain over the terms of their own contracts without government interference. ... Strict scrutiny is the highest standard of judicial review used by courts in the United States. ... The supreme court functions as a court of last resort whose rulings cannot be challenged, in some countries, provinces and states. ... Holding Washingtons minimum wage law for women was a valid regulation of the right to contract freely because of the states special interest in protecting their health and ability to support themselves. ... Due process of law is a legal concept that ensures the government will respect all of a persons legal rights instead of just some or most of those legal rights, when the government deprives a person of life, liberty, or property. ... Rational basis review, in U.S. constitutional law, is the lowest level of scrutiny applied by courts deciding constitutional issues through judicial review. ...


Europe

European Union

The Charter of Fundamental Rights of the European Union is a document containing human rights provisions, solemnly proclaimed by the European Parliament, the Council of the European Union, and the European Commission in December 2000. ...

See also


  Results from FactBites:
 
Fundamental Rights, Directive Principles and Fundamental Duties of India - Wikipedia, the free encyclopedia (4817 words)
The Fundamental Rights, Directive Principles of State Policy and Fundamental Duties are sections of the Constitution of India that prescribe the fundamental obligations of the state towards its citizens and define the duties of the citizens towards the state.
The Fundamental Rights and Directive Principles were included in the final draft of the constitution promulgated on 26 November 1949, while the Fundamental Duties were later added to the constitution by the 42nd Amendment Act in 1976.
The right to freedom encompasses the freedom of expression, the freedom to assemble peacefully without arms, the freedom to form associations and unions, the freedom to move freely and settle in any part of the territory of India and the freedom to practise any profession.
Fundamental right - Wikipedia, the free encyclopedia (262 words)
A fundamental right is a right that has its origin in a country's constitution or that is necessarily implied from the terms of that constitution.
While the recognition of such rights have changed over time, they are generally coterminous with the rights laid out in the Bill of Rights.
Any restrictions on these rights are treated with the same strict scrutiny as restrictions on enumerated rights in the Constitution.
  More results at FactBites »

 
 

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