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Questions and Answers
What are fundamental rights?
What are fundamental rights?
Which of the following is NOT one of the four Fundamental Freedoms outlined in the Charter of Rights and Freedoms in Canada?
Which of the following is NOT one of the four Fundamental Freedoms outlined in the Charter of Rights and Freedoms in Canada?
What are some of the universally recognized fundamental rights?
What are some of the universally recognized fundamental rights?
How many fundamental rights are recognized in India's Constitution?
How many fundamental rights are recognized in India's Constitution?
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What is the significance of fundamental rights under the U.S. Constitution?
What is the significance of fundamental rights under the U.S. Constitution?
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What is strict scrutiny?
What is strict scrutiny?
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What was considered a fundamental right during the Lochner era?
What was considered a fundamental right during the Lochner era?
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How do courts determine whether a right is fundamental?
How do courts determine whether a right is fundamental?
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Can individual states diminish fundamental rights by legislative processes?
Can individual states diminish fundamental rights by legislative processes?
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Study Notes
Fundamental rights are a group of rights that have been recognized by a high degree of protection from encroachment, specifically identified in a constitution, or found under due process of law.
Some universally recognized fundamental rights include freedom of speech, religion, and assembly.
In Canada, the Charter of Rights and Freedoms outlines four Fundamental Freedoms, including freedom of thought, belief, opinion, and expression.
In Japan, fundamental rights protected by the Constitution of Japan include the right to life, liberty, and the pursuit of happiness.
India recognizes six fundamental rights in its Constitution, including the right to equality, freedom of religion, and the right to education.
In the United States, fundamental rights have special significance under the U.S. Constitution, with enumerated rights that are incorporated recognized as "fundamental" by the U.S. Supreme Court.
The Supreme Court has extended fundamental rights by recognizing several fundamental rights not specifically enumerated in the Constitution, including but not limited to the right to privacy and the right to marry.
Any restrictions a government statute or policy places on these rights are evaluated with strict scrutiny, particularly if a right is denied to everyone or if it violates equal protection.
During the Lochner era, the right to freedom of contract was considered fundamental, and thus restrictions on that right were subject to strict scrutiny.
The classification of a right as "fundamental" invokes specific legal tests courts use to determine the constrained conditions under which the United States government and various state governments may limit these rights.
Individual states may guarantee other rights as fundamental, but can never diminish and rarely infringe upon fundamental rights by legislative processes.
In such legal contexts, courts determine whether rights are fundamental by examining the historical foundations of those rights and by determining whether their protection is part of a longstanding tradition.
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Description
Test your knowledge of fundamental rights with this informative quiz! Explore the various fundamental rights recognized in different countries and learn about the legal tests used to determine their protection. Challenge yourself with questions on the historical foundations of these rights and their significance in modern society. Sharpen your understanding of this important legal concept and discover the key role fundamental rights play in shaping our world.
