(1) Introduction To Fundamental Rights:
Fundamental rights are those rights, which are provided to people against abuses of powers and unfair damages so as to create pleasant and healthy atmosphere for the people. According to concept of popular sovereignty, rule is by the people and for the Constitution has provided some fundamental rights to the people. To incorporate this concept into itself. American Americans.
(2) American Supreme Court & Fundamental Rights:
American Supreme Court is not only considered guardian of American Constitution, but is also considered champion of fundamental rights. American Supreme Court protects fundamental rights in the following manner:
- (i) By checking powers of Federal government
- (ii) By checking powers of state governments
- (iii) By declaring law of federation nullified
- (iv) By declaring laws of states void
- (v) By declaring orders of federal executive invalid
- (vi) By declaring orders of state executive invalid.
(i) By Checking Powers Of Federal Government:
American Supreme Court protects fundamental rights of American citizens by checking arbitrative exercise of powers of Federal government.
(ii) By Checking Powers Of State Governments:
American Supreme Court protects fundamental rights of American citizens by checking arbitrative exercise of powers of state governments.
(iii) By Declaring Law Of Federation Nullified:
American Supreme Court safeguards fundamental rights of American citizens by declaring any law of federation nullified particularly when such law is inconsistent to the constitution.
(iv) By Declaring Laws Of States Void:
American Supreme Court safeguards fundamental rights of American citizens by declaring any laws of states void particularly when such laws are inconsistent to the constitution
(v) By Declaring Orders Of Federal Executive Invalid:
American Supreme Court safeguards fundamental rights of American citizens by declaring orders of federal executive invalid especially when such orders are against laws and constitution of the federation.
(vi) By Declaring Orders Of State Executive Invalid:
American Supreme Court safeguards fundamental rights of American citizens by declaring orders of state executive invalid especially when such orders are against laws and constitution.
(3) American Constitution & Fundamental Rights:
Under American Constitution, the American possess following fundamental rights:
- (i) Right to life
- (ii) Personal rights
- (iii) Right to property
- (iv) Right of education
- (v) Religious equality
- (vi) Right of speech
- (vii) Equality under law
- (viii) No punishment without due process of law
- (ix) Double jeopardy
- (x) Freedom of assembly
(i) Right To Life:
Under American Constitution, every American possesses right to life. Through this right, everyone has contra! over his/her body and his/her body cannot be damaged. Existence of this right is very necessary for preservation of other rights.
(ii) Personal Rights:
Rights by which a person is entitled to good health, welfare, medical treatment are personal rights and such rights are also fundamental rights. American Constitution guarantees the personal rights.
(iii) Right To Property:
Right to own moveable or immoveable property is a fundamental right. American Constitution also recognizes right to property.
(iv) Right Of Education:
Under American Constitution, every citizen has right to education. Due to this right, every citizen is free to get education according to his/her free will and religious beliefs.
(v) Religious Equality:
Under American Constitution, federal government has been prohibited from doing advancement of any particular religion. In fact, it has been declared unconstitutional for Federal to fund a particular religious movement
(vi) Right Of Speech:
American Constitution admits right of speech. Every American possesses right to express his/her ideas about national, social and economic matters. However, American Constitution does not allow expression of those ideas, which can damage national security and interests.
(vii) Equality Under Law:
According to American Constitution, all Americans are equal before law and no one, whether it is government or citizens, is above law. Law is to treat everyone without any discrimination.
(viii) No Punishment Without Due Process Of Law:
Arbitrary punishment is prohibited under American Constitution. A wrong doer can only be punished after adopting due process of law. According to American Constitution, a wrong doer has right to public trial. However, this public trial can be initiated under some specific conditions.
(ix) Double Jeopardy:
Principle of double jeopardy is incorporated into American Constitution. According to American Constitution, a person can be punished once for commission of a crime and cannot be punished twice or more for commission of a crime.
(x) Freedom Of Assembly:
According to American Constitution, every citizen is free to arrange peaceful assemblies. He/she is also free to express his/her thoughts in such assemblies or speak to such assemblies ۔
To conclude, it can be stated that American Constitution provides its people a kind of security especially when government executive make abuses of powers. And American Supreme Court provides remedy against misuses of powers. In this way, the American are enjoying their fundamental rights.
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