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- fundamental law noun : the organic or basic law of a political unit as distinguished from legislative acts specifically : constitution
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- Overview
- Examples of Fundamental Rights
- Determining Fundamental Rights
- Interpretation of Implied Rights
- Further Reading
Fundamental rights are a group ofrights that have been recognized by the Supreme Court as requiring a high degree of protection fromgovernmentencroachment. These rights are specifically identified in theConstitution (especially in the Bill of Rights) or have been implied through interpretation of clauses, such as under Due Process. These laws are s...
Fundamental rights mentioned directly in the Constitution: 1. Freedom of Speech 2. Trial by Jury 3. Protection Against Self-Incrimination 4. Protection Against Unreasonable Searches and Seizures 5. Equal Protection 6. Right to Vote Fundamental rights not specifically listed in the Constitution include: 1. Marriage 2. Privacy 3. Contraception 4. Int...
Even though rights may be fundamental, that does not necessarily mean that the extent of a right or a right itself has always been recognized. One of the primary roles of the Supreme Court is determining what rights are fundamental under the Constitution, and the outcomes of these decisions have led to the Court’s most controversial and contradicto...
Fundamental rights that the Supreme Court decides are implied in the Constitution often have more difficult rulings that change over time compared to rights explicit in the Constitution. Specifically mentioned rights, like the freedom of speech, mainly require the Court to just determine the extent of the right. Implied rights require further conne...
For more on fundamental rights, read this University of Cincinnati Law Review article, this Cornell Law Faculty Scholarship article, and this Touro Law Review article. [Last updated in March of 2023 by theWex Definitions Team]
5 days ago · Constitution of the United States of America, the fundamental law of the U.S. federal system of government and a landmark document of the Western world. The oldest written national constitution in use, it defines the principal organs of government and their jurisdictions and the basic rights of citizens.
- The Editors of Encyclopaedia Britannica
Fundamental law definition: the organic law of a state, especially its constitution.. See examples of FUNDAMENTAL LAW used in a sentence.
The concept of fundamental law embodied in a written constitution was one of the most influential and radical ideas to emerge from the american revolution. It involved a break with the recent English past. The notion of fundamental law has had a continuing history in Western political thought.
The U.S. Constitution is the nation's fundamental law. It codifies the core values of the people. Courts have the responsibility to interpret the Constitution's meaning, as well as the meaning of any laws passed by Congress.
fundamental law. some provision upon which the rest or a part of the legal system is based and which accordingly either cannot be changed or can be changed only by following special provisions. An example is the Constitution of the USA. Collins Dictionary of Law © W.J. Stewart, 2006.
