Introduction: Rights & Rule of Law Evolution

The essence of the Constitution extends beyond governing body structure and interrelationships. As explored previously, the Constitution is a blueprint that constrains governmental authority, ensuring a democratic framework with guaranteed rights. Over the last six decades, these rights have evolved and, in some aspects, broadened too.  

Life Without Rights: The Impact of Rule of Law on Individual Liberty

• Hampers Individual Liberty and Dignity: Life without rights is a scenario that raises fundamental questions about individual liberties, dignity, and the very essence of human existence.
• Devoid of Protections: In such a situation, individuals would find themselves devoid of the protections and entitlements granted by a framework of rights

Expanding Scope of Rights: The Rule of Law in an Evolving Social Landscape

• Historical Evolution: Over time, societies have recognized new rights based on changing needs and evolving social values, such as the right to education, healthcare, and a clean environment.
• Technological Advancements: The digital age has given rise to new discussions on rights, including digital privacy, data protection, and the right to access information.
• Global Interconnectedness: The interconnected world has prompted discussions about universal human rights, transcending national borders, and focusing on issues like migration and climate change.
• Marginalized Groups: Advocacy for marginalized groups has led to the recognition of rights for LGBTQ+ individuals, people with disabilities, and indigenous communities, expanding the understanding of equality and inclusivity.
• Evolving Concepts: Societal progress and changing norms continue to redefine rights, as seen in debates about reproductive rights, gender equality, and the right to a clean environment.

Rights in Democracy: The Rule of Law and Essential Rights

Meaning and Definition: Rights are inherent entitlements and protections that individuals possess by virtue of being human.

• Provide Freedoms: They ensure that individuals have the freedom to live with dignity, make choices, express themselves, and participate in society without undue interference. 
• Rights embedded within the framework of the Rule of Law, can include civil, political, economic, social, and cultural dimensions.
• Claim to Nation: Rights specifically are claims of a person over other fellow beings, over the society and over the government, all upheld by the principles of the Rule of Law.
• Any claim to be called as a right has to have three qualities viz: 
  • Reasonable claims of persons 
  • Recognized by society 
  • Sanctioned by law.

Rights: An essence of Democracy 

• Rights act as a building block for any democracy, which prevents any kind of injustice in society. The absence of rights leads to the exploitation of vulnerable sections and subsequent clashes in society.

Examples for better realization: Contrasting Realities of the Rule of law

• Both the above examples of Saudi Arabia’s autocratic rule and Kosovo’s violent experience emphasize the importance of human rights and democratic values in a society.

Necessity of Rights in Democracy: Democracy’s Lifeblood

• Rights, underpinned by the Rule of Law, are essential for sustaining a democracy.
• Citizens need the right to vote and be elected for democratic elections to function effectively.
• Citizens must have the right to express their opinions and engage in political activities. 
• The ability to form political parties and participate in governance is vital for democratic processes.

Role of Rights in Democracy: Protecting Minorities through Rights

• Rights, governed by the Rule of Law, play a crucial role in protecting minorities from potential oppression by the majority. 
• They prevent situations where the majority tries to suppress or eliminate the rights of the minority.
• They prevent the majority from abusing its power and ensure balanced decision-making.

Government’s Responsibility: Safeguarding Citizens’ Essential Rights

• In cases of rights infringement, the government, guided by the Rule of Law, is responsible for protecting citizens’ rights.
• Rights serve as a defense against any attempt to curtail individual freedoms.
• Some rights need to be higher than the government’s authority to prevent violations.
• These rights are safeguarded from government interference.

Written Rights in Constitutions: The Rule of Law in Protecting Citizens’ Rights

• Many democracies outline citizens’ basic rights in their constitutions.
• This ensures that fundamental rights are recognized and protected by the legal framework of the nation, guided by the Rule of Law.
• In a democracy, rights empower citizens, promote fair representation and establish a balance of power between the government and the people.

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