, CONSTITUTIONAL LAW: THE DYNAMICS OF
FUNDAMENTAL RIGHTS & STATE POWERS
1. Introduction
Constitutional law serves as the bedrock of a sovereign state,
defining the architecture of government and the limitations of
its authority. At its core lies a perpetual tension: the necessity
of State Power to maintain order and the sanctity of
Fundamental Rights to ensure individual liberty. This note
explores the legal mechanisms that balance these two pillars.
2. Conceptualizing Fundamental Rights
Fundamental Rights are a set of legal protections that
are recognized by the judiciary as requiring a high
degree of protection from government encroachment.
A. The Bill of Rights & Origins
ost modern constitutions (e.g., USA, India, South
M
Africa) include a Bill of Rights. These are not merely
statutory rights but are entrenched, meaning they can
only be altered through a rigorous constitutional
amendment process.
FUNDAMENTAL RIGHTS & STATE POWERS
1. Introduction
Constitutional law serves as the bedrock of a sovereign state,
defining the architecture of government and the limitations of
its authority. At its core lies a perpetual tension: the necessity
of State Power to maintain order and the sanctity of
Fundamental Rights to ensure individual liberty. This note
explores the legal mechanisms that balance these two pillars.
2. Conceptualizing Fundamental Rights
Fundamental Rights are a set of legal protections that
are recognized by the judiciary as requiring a high
degree of protection from government encroachment.
A. The Bill of Rights & Origins
ost modern constitutions (e.g., USA, India, South
M
Africa) include a Bill of Rights. These are not merely
statutory rights but are entrenched, meaning they can
only be altered through a rigorous constitutional
amendment process.
