THE RELATIONSHIP BETWEEN DIRECTIVE PRINCIPLES AND FUNDAMENTAL RIGHTS Fundamental Rights and Directive Principle are integral components of the same organic constitutional system and no conflict between them could have been intended by founding fathers. But the view of Supreme Court on the relationship between Fundamental Rights and Directive Principles have not been uniform throughout. There are three possible views on the relationship between Fundamental Rights and Directive Principles. The first view is that former are the superior to the latter and so the latter must give way to the former in case of repugnancy or irreconcilable conflict between the two. The second view is that Fundamental Rights and directive principle are …show more content…
The chapter on Fundamental Rights is sacrosanct and not liable to be abridged by any legislature or executive act or order except to the extent provided in the appropriate article in the part IV. The Directive Principles of state policy have to conform and run as subsidiary to the chapter on the Fundamental Rights” In my submission, the conclusion drawn by the Supreme Court on the status of Directive Principles vis-a vis the Fundamental Rights seems to be erroneous on the following guards: a) The constitution contains many important mandates, which may not be enforceable by the court of law that does not mean that those provisions must run subsidiary to the chapter on Fundamental Rights. b) The view taken by the Supreme Court has ignored the fact that farmers of the constitution made the Directive Principles enforceable only to prevent the state from being compelled to implement them immediately as at the time of independence or at the time of commencement of the constitution, the nation was at a nascent stage and it did not have the sufficient resources to implement at once all the directive principles. But this was done not to reduce the importance of directive principles, nor to allot them inferior
The safety of the general population is far more important than the protection of the rights
If people 's rights have been infringed (whether by other citizens, organizations or the state,) they should be able to protect themselves through the law. For many legal experts and a growing body of senior judges this implies that the law should defend fundamental human rights .This is the aspect of the rule of law that safeguards the individuals from the state.
a. Supremacy Law- “ The constitution and the laws of the United States which shall be made in the pursuance thereof... shall be the supreme law of the land.”
Together these legislations formed the fundamental rights and freedom of an individual. These affect the rights of everyday life of an individual including what they can say and do, their beliefs, right not to be tortured and right to a
Based on analysis from these four cases, conclusions regarding the effectiveness of human rights policy will be discussed.
I intend to discuss these issues while also discussing why it is important for these issues to be highlighted in this document. Firstly, the issues of personal rights are acknowledged at the beginning of the document. “Men are born and remain free and equal in rights. Social distinctions may be founded only upon the general good” . At this time, to be equal meant the end of legal differences.
In his book titled The Bill of Rights: Creation and Reconstruction, Akhil Amar tries to offer the interpretation of the Bill Rights by evoking the world of framers of the constitution and that of the people who amended the constitution. According to Amar, there are numerous differences about the original bill of rights as they were originally framed and those that are contained in the Fourteenth Amendment of 1868. Amar tries to construct a theory of Bill of Rights that is comprehensive by focusing on the implications that are drawn from constitutional text as well as its structure. Amar points out, “The main goal of the Federalists was to forge set of the federally enforceable rights which were against the abusive state governments and this resulted to Fourteenth Amendment” (4). The book tries to explain the first 10 amendments by interpreting them and offering the new insights. This essay focuses on discussing the differences between the Founding Fathers Bill of Rights and the Reconstruction Amendments as it argued by Amar.
Citizens of any country are given some rights as well as responsibilities, and the United States of America is no exception. The Constitution (US Const) of the USA as well as the first ten amendments, also known as “Bill of Rights”, defines the framework of it. It is a supreme law that defines how Federal Government works.
Together these legislations form the fundamental rights and freedom of an individual. These affect the rights of every day life of an individual including what they can say and do, their beliefs, right not to be tortured and right for a fair trial. These rights have limits to ensure that other peoples rights are
Since the ratification of the first ten amendments, also known as the Bill of Rights, a concept of justice and liberty was implemented into the lives of many American citizens. Americans seek equal protection in response to issues and notably, many congressional cases. The rule of law in society had become much more complex than it had been when the century began so, therefore, the United States Supreme Court plays an essential role in weighing our nation’s inalienable rights with natural law. The decisions made by the Supreme Court to selectively “incorporate” the provisions of the Bill of Rights though the Fourteenth Amendment expanded the fundamental rights of the people and imposed limitation on states’ power. Along with the Bill of Rights,
The protection and civil rights for the individual citizen is documented as the Bill of Rights. Today, the two most important of are The English Bill of Rights of 1689 and The United States Bill of Rights of 1791. These two have the many of the same overlapping principles including, limiting the powers of the government and to providing people with individual liberties. Although they are both fundamental documents, both countries differed in form and purpose. The U.S enacted a formal statement of Fundamental rights of the people of the United States and integrated it into the Constitution as Amendments. It is used to address the liberties of individual citizens and keep the government from exceeding their boundaries for potential abuse. In contrast, the English Bill was enacted by the English Parliament, which was a reinstatement in statutory form of The Declaration of Right. It was to confront issues of relation to the king rather than parliamentary authority. Essentially, these two formed a new democratic government that changed everything.
The first excerpt is 1 and it has two principles. the principles are 2,4 principle 2 all people have basic rights that cannot be taken away. It becomes necessary for one people to dissolve the political bands. Principle 4 when the government doesn’t protect the rights of the people, the people have the right to change/alter or abolish the government. When people break away from the country going to a new nation, they should explain why they are doing. that’s the first
The scope and ambit of the words 'life' and 'liberty' used in Article 21 has been expanded considerably due to liberal interpretation by the Courts. The most noticeable feature of this expansion of Article 21is that many of the non-binding and non-enforceable Directive Principles enshrined in Part IV of the constitution have now emerged as enforceable fundamental rights by magical want of judicial activism, playing on the said article, e.g. right to clean environment, right to shelter, right to food, clothing, livelihood, etc. The Supreme Court in various cases, has also imposed an obligation upon the state to take measures for ensuring the individual a better enjoyment of his life and
Gunay Alibeyli Written Assignment 1 Constitution is a superior law of any country and other laws are made on basis of it. That is why amending the constitution is a very crucial issue. The question can appear that “Why do we need amendment?”The word “amendment” itself means correction or improvement. Every constitution needs improvement in order to accommodate new political or social changes, in other word no modern country can live with an “old” constitution.