Fundamental right

From Wikipedia, the free encyclopedia

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.

Some rights generally recognized as fundamental are:

• Right to life
• Right to marry
• Right to procreate
• Right to raise children free from unnecessary governmental interference
• Right to freedom of association
• Right to freedom of expression
• Right to equality of treatment before the law (fair legal procedures)
• Right to freedom of thought
• Right to religious belief
• Right to choose when and where to acquire formal education
• Right to pursue happiness
• Right to vote

[edit] 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.

While the recognition of such rights have changed over time, they are generally coterminous with the rights laid out in the Bill of Rights. The Supreme Court has also recognized some other fundamental rights not specifically enumerated in the Constitution, however, to include:

• the right to privacy (including the right to an abortion)
• the right to marry and procreate
• the right to interstate travel

Any restrictions on these rights are treated with the same strict scrutiny as restrictions on enumerated rights in the Constitution. 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.