Fundamental Rights: A Deep Dive into Their Nature 1300 Words
The basic rights are, in fact, the lifeblood of democratic regimes- constitutionally found under many national juridictions to ensure that citizens’ own inherent dignity and liberty to equality. Therefore, basically, rights are viewed in the manner in which they prevent one from the abuses of the discretion of State power. Most importantly, every person can be eligible for rights that make a good life possible with safeguarded fundamental freedoms. Its range and operation notwithstanding how varied they may seem across different countries, the very character of Fundamental Rights poses a very crucial issue on which much is argued extensively. This paper shall speak to its nature through exploring features, philosophical grounds and concrete implications.
The Philosophical Foundations
The foundation of Fundamental Rights is based on natural law theory. According to this theory, there are rights of the individual through their presence. These are rights as believed by John Locke and Jean-Jacques Rousseau; these were held to be inalienable and premised upon the creation of an organized society or government. Such values are reflected in the American Declaration of Independence of 1776 and the French Declaration of the Rights of Man and of the Citizen of 1789, which places liberty, equality, and fraternity above all else.
A utilitarian like Jeremy Bentham and John Stuart Mill only considers rights a tool to achieve the best happiness for the greatest number; this is an approach but Fundamental Rights are absolute in nature and for the sake of greater welfare in society, individual rights should be compromised.
Under the dominant thinking of the jurist-prudent, Fundamental Rights normally have a rationale in human dignity. They represent the values in society and are meant to ensure justice, equality, and liberty for the person.
Characteristics of Fundamental Rights
Fundamental rights, different from ordinary rights in law, possess many defining characteristics:-
Universality:-
These shall be universal, apply to all, regardless of race, gender, religion, or nationality, and therefore underscores this role as basic as far as human dignity is concerned.
Inalienability:-
These rights are in the essential nature of a man and cannot be waived or alienated. They are part and parcel of human nature and appertain to a man for life.
Justiciability:-
These are judicially redressed. Any such act of government and every individual that violates any right is subject to reformation from courts for that redress.
Supremacy:-
Because these are placed within a country’s constitution, generally, Fundamental rights supersedes the daily law of the land. Whatever is legislated through such action and also, through an executive move violative of the rights would be declared unconstitutional.
Dynamic and Dynamic:-
Fundamental Rights are construed and amended in the light of the social changes and advancements. Courts have great influence in expanding the sphere of such rights to face the present exigencies.
Classification of Fundamental Rights
Fundamental Rights generally belong to either of the following categories
Civil and Political Rights:-
They include rights to life, liberty, equality before the eyes of the law, freedom of speech, and the right to vote. They protect one from the activity of the state and also introduce one to the political machinery as well.
Economic, Social, and Cultural Rights:-
It concerns access to educational institutions, medical facilities, and job resources. The aim of these rights is to establish social justice and to reduce economic inequality.
Collective Rights:-
It identifies the role of communities, and collective rights include rights to self-determination, preservation of culture, and sustainable development.
Third Generation Rights
These rights developed during the modern era and are associated with issues like environmental protection, data privacy, and the right to peace.
Fundamental Rights in the Democratic System
Fundamental Rights play a dual role in democratic states.
Restrictions on the Power of the State:-
Fundamental Rights check the authority of government by ensuring that laws and policies cannot infringe upon freedom in general. For example, the right to speech bars censorship and the right to equality restricts discriminative practices.
Citizen Empowerment:-
With Fundamental Rights, the guarantee of education, health, and justice will ensure people lead quality lives and serve the society, too.
The question is whether individual rights should be balanced with collective welfare. This then becomes the daunting task of courts and legislatures to ensure that Fundamental Rights are not used to perpetuate inequalities or public order imbalances.
Fundamental Rights and the Constitution
Most democracies enshrine Fundamental Rights in their constitutions, thus granting them a superior legal status. Such as:-
India:-
The Constitution of India recognizes Fundamental Rights from Articles 12 to 35, thereby including rights such as equality, freedom, and protection against exploitation among others.
United States:-
The Bill of Rights comprises the first ten amendments detailing some of the most significant freedoms that fall under speech, religion, and assembly among others.
South Africa:-
Bill of Rights: The South African Constitution boasts, in the light of both civil, political and socio-economic rights, one of the most comprehensive ones in existence.
The provision of judicial review allows such a breach to be taken to court, thus strengthening their independence.
Problems in the Implementation of Fundamental Rights
Fundamental Rights, despite the above-stated lofty principles, are not without their problems:
Economic Inequality:-
Economic inequality does not let rights be exercised effectively. For example, theoretically education could be guaranteed, but in reality, poverty and lack of infrastructure might be the reason why someone cannot access it.
Cultural and Religious Conflicts:-
Some of the conflicting aspects might be:-
Balancing Fundamental Rights with the cultural practices and religious beliefs.
For example, issues like gender equality and the traditional practices are always conflicting in that regard.
State Security vs. Individual Freedom:-
Governments are generally cautious about exercising their powers on state security issues. The age-old issue of security vs. liberty is forever in the balance.
Globalisation and Technological Advancement:-
Modern times have opened up new horizons for Fundamental Freedoms, such as data protection rights and protection from cyber harassment. Old stand-alone structures fail to cope with it.
Judiciary
The judiciary has played an extremely crucial role in the interpretation and enforcement of Fundamental Rights. This scope has been enhanced by adjusting them to contemporary challenges. Examples include:-
Brown v. Board of Education, 1954, USA:-
The Kesavananda Bharati case in 1973 India considers the basic features. It established the doctrine of basic structure that upholds Fundamental Rights unimpeachable.
In Grootboom Case in 2000, Constitutional Court declared that the State has a duty in housing a state obligation to provide a basis for implementing socio-economic rights.
Active interpretation has been used:-
This has ensured that the courts made the Fundamental Rights relevant as well as potent.
Conclusion of Way Forward:-
The strengthening of the nature and realization of Fundamental Rights will involve collective efforts:
Better knowledge:-
Public will be educated on rights and will demand redress in violation.
Judicial Activism:-
An activist judiciary will be able to fill lacunas in the legislation and policy implementation.
International Cooperation:-
The world will help solve some of the global issues such as climate change and cybercrime in violation of Fundamental Rights.
Inclusive Policies:-
The policies made by the government need to be so developed as to close the gaps in the socio-economic divide so that rights are well available to all.
Declaration of Fundamental Rights
It is a declaration to humankind that calls for justice, equality, and freedom. But though fundamental rights are universal, the actualization depends upon diverse conditions in society, culture, and economy. Their understanding with the philosophical back-ground and the contemporary anxieties will help societies apply them into practice to conserve the dignity of every man and let the march of the collective move on. It is an ongoing exercise to pursue the practice of Fundamental Rights, keeping constant watch, flenxibility, and trust in human dignity.
Also Read:- The Indian Constitution: Salient Features 1100 Words