Fundamental rights, Essays (high school) of Administrative Law

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Acknowledgments

"I humbly thank Allah Almighty , the Merciful and the Beneficent , who

gave me health, thoughts and co-operative people to enable me achieve

this goal.”

Dedication

“I wish to dedicate this work to Holy Prophet Muhammad (Peace be

upon him) and his companions who laid the foundations of Modern

civilization and paved the way for social, moral, political, economic,

cultural and physical revolution"

• CHAPTER NO.1...........................................................................................................................................
  • 1. What are Fundamantal Rights?........................................................................................................
  • 1.1 Introduction:....................................................................................................................................
  • 1.2. Legal Meaning of Fundamental Rights:.......................................................................................
  • 1.3. Scope of Fundamental Rights:.......................................................................................................
  • 1.4. Nature of Fundamental Rights:......................................................................................................
  • 1.5. Difference between Human Rights and Fundamental Rights:.......................................................
• CHAPTER NO. 2..........................................................................................................................................
• 2. Islam And Fundamental Rights..................................................................................................................
     • F 0 D 8 Equality of mankind:..........................................................................................................................
     • F 0 D 8 Freedom to all religions:....................................................................................................................
     • F 0 D 8 Right to Basic Necessities of Life:....................................................................................................
     • F 0 D 8 Security of Life and Property:............................................................................................................
     • F 0 D 8 Right to Acquire Knowledge:............................................................................................................
     • F 0 D 8 Freedom to all religions:....................................................................................................................
     • F 0 D 8 Rule of Law:......................................................................................................................................
     • F 0 D 8 The Right to Justice:..........................................................................................................................
     • F 0 D 8 Freedom of Expression:.....................................................................................................................
• CHAPTER NO. 3..........................................................................................................................................
• 3. Fundamental Rights in Pakistani Constitution......................................................................................
• CHAPTER NO. 4........................................................................................................................................
• 4. Fundamental Rights In International Perspective................................................................................
• CHAPTER NO. 5........................................................................................................................................
• 5. List of Fundamental Rights In The European Union...........................................................................
• CHAPTER NO. 6........................................................................................................................................
• 6. Relevant Case laws.............................................................................................................................

CHAPTER I

1. What are Fundamental Rights?

1.1 Introduction:

Basic human rights have the citizens of countries under most situations typically cannot, defined to shoot from absolute rights and citizen. Sometimes more loosely all people base or is entitled to the human rights proposal and terminology. So they sometimes guessing certain rights, basic is considered contains mainly legal judgment or local laws from the fundamental right of legal terms.

State of the rights of the citizens of many countries. Bill of rights and the fundamental rights of the citizens of the Constitution's 14th amendment, some very clear, in this example United States. Pressing on these basic rights to assemble a freedom of speech, freedom of religion, right to bear arms and the right includes a convenient test. Free right to vote against discrimination is the other provisions.

While these rights are written explicitly, that legal interpretation is positive by from fundamental judicial decisions, must be considered. Right to refuse medical children against the children of Jehovah's witness parents transfusion people, such as the denial of religion if that seems basic parental rights usually is a challenging subject. Don't abuse the provision of potential basic rights is raising a child in an unconventional way. 1

Is the argument the Court must display the fundamental rights such as the right to marriage among other same-sex partners. There were a lot of basic as well. Right to marry does not apply to different people, the most United States States, same sex yet and fundamental rights.

Basic view of rights cannot be won in votes exists in the interesting precedent federal and State Court. If achieved by vote instead of the Court of instruction through desegregation, southern part of schools did not. You can think and continue to refuse to give them part of the social Court strongly that because of fundamental thought these additional rights can be granted involvement. Similar decision 5 Wade row was legalized the abortion. Will continue to fight this step not as many States and voters and women's fundamental rights.

1 Fazal Karim, Access to Justice in Pakistan, 1 ed. Pak. Law House, 241-

No fundamental right can "granted" by any government document be it the Constitution of India or UN. Fundamental rights are birth rights. The fundamental rights exist, like we have the right to breath. Government documents merely "guarantee" those rights so that if violated a person can get relief by approaching the court of law. One cannot say we do not have fundamental right of self-defense or RKBA. We very much have those rights and they have been horribly transgressed by our government due to sheer ignorance of people and their representatives in Parliament. My purpose is to explain how pervasive this ignorance is. Hence it is not very surprising that unfortunately we have one act that is called Arms Act 1959(repainted version of Arms Act 1878) that is suffering from the vice of over delegation. It is doing no practical good except helping the bureaucrats/government to rule this country as a colony and it is no surprise we have rebellion in almost every part of country (far worse than what British had)^6.

3. Scope of Fundamental Rights:

• (^) Any limitation on the exercise of the rights and freedoms recognised by this Charter must be provided for by law and respect the essence of those rights and freedoms. Subject to the principle of proportionality, limitations may be made only if they are necessary and genuinely meet objectives of general interest recognised by the Union or the need to protect the rights and freedoms of others.
• Rights recognised by this Charter for which provision is made in the Treaties shall be exercised under the conditions and within the limits defined by those Treaties.
• In so far as this Charter contains rights which correspond to rights guaranteed by the Convention for the Protection of Human Rights and Fundamental Freedoms, the meaning and scope of those rights shall be the same as those laid down by the said Convention. This provision shall not prevent Union law providing more extensive protection.
• In so far as this Charter recognizes fundamental rights as they result from the constitutional traditions common to the Member States, those rights shall be interpreted in harmony with those traditions.^7

6 http://www.lawyersclubindia.com/forum/Meaning-of-Fundamental-Rights-24368.asp 12:38 pm 10 june 2012 7 Shabar Raza Rizvi, Constitutional Law of Pakistan, 1 st^ Ed. Pak. Law House, 72-72 (1990).

• The provisions of this Charter which contain principles may be implemented by legislative and executive acts taken by institutions, bodies, offices and agencies of the Union, and by acts of Member States when they are implementing Union law, in the exercise of their respective powers. They shall be judicially cognizable only in the interpretation of such acts and in the ruling on their legality.
• Full account shall be taken of national laws and practices as specified in this Charter.
• The explanations drawn up as a way of providing guidance in the interpretation of this Charter shall be given due regard by the courts of the Union and of the Member States. 8

4. Nature of Fundamental Rights:

As long as fundamental not alleged anything against the particular formulation of the very right itself is. Separated only in the specific rights that are directed to is described from the same fundamental rights right outside of any specific case, basis for certain rights, given plausible appearance ( or 'natural' to separation ) has been. Not leading rights only this depreciation in General is also not immediate weakening of ,^ if not nullification^ 3 00 1 disabled if the related rights can be derived from the same basic rights. Therefore, laws, declarations and of normative theory is exclusive to freedom from racial discrimination or the recognition and discriminate against certain rights, other derivatives or direct all invalid mention undermine the right to freedom of religion freedom. Be discriminated against based on the sort of religious people or other factors than race or skin color, or to follow, see recognition of their rights conceptually most hidden horrible way. It from racism and and universal rights of the right to freedom of religion, freedom not realized need to derivative to freedom from discrimination is ultimately as long as (on the better had they, or religion without right to recognition of an exclusive, free from racial discrimination of any extraneous factors). Declaration of specific rights, such as a negative: it's effects of neglect, omission of effects that choice. 9

5. Difference between Human Rights and Fundamental Rights:

8 https://infoportal.fra.europa.eu/InfoPortal/infobaseShowContent.do?btnCat_458&btnCountryBread_

2:34 am 14 june 2012 9 Fazal Karim, Judicial Review of Public Actions, V.II, 1 st^ Ed. Vanguard Publisher, 561-562 (2003).

and are not enforceable in courts. Then there is difference of universal appeal because fundamental rights are country specific that have been made keeping in mind the history and culture of a country whereas human rights are designed in such a way that they are of even more basic nature and apply to all human beings across the world without any discrimination. The right to a dignified human life is one such human right which cannot be questioned whether you are in US or in a poor African country^10.

10 http://www.differencebetween.com/difference-between-human-rights-and-vs-fundamental-rights/

04: pm 14 june 2012

CHAPTER NO. 2..........................................................................................................................................

2. Islam And Fundamental Rights..................................................................................................................

▲ Equality of mankind:

• “Mankind! We created you from a single (pair) of a male and a female, and made you into nations and tribes, that ye may know each other (not that ye may despise each other). Verily the most honored of you in the sight of God is (he who is) the most righteous of you. And God has full knowledge and (with all things) is well acquainted’’ (49:13)
• (^) “Mankind was one single nation”. (2:213)

▲ Freedom to all religions:

• Those who believe (in the Quran), and those who follow the Jewish (scriptures), and the Christians and the Sabians – any who believe in God and the Last Day, and work righteousness, shall have their reward with their Lord; There shall be no fear come upon them, nor shall they grieve. (2:62)

▲ Right to Basic Necessities of Life:

• Speaking about economic rights, the Holy Quran enjoins its followers:
• “And in their wealth there is (acknowledged) right for the needy and destitute.” (51:19)

▲ Security of Life and Property:

• “Be good to your parents; kill not your children on a plea of want; We provide sustenance for you and for them; come not nigh to shameful deeds whether open or secret; take not life, which God hath made sacred, except by way of justice and law: thus doth He command you, that ye may learn wisdom.” (6:151)

▲ Right to Acquire Knowledge:

• “Are those who know equal to those who do not know? (39:9), the Quran exhorts believers to pray for advancement in knowledge: Be not in haste with the Quran before

Keeping in view the above-mentioned injunctions of the Holy Quran and Sunnah, and glorious instances set by the Muslim rulers, one can easily arrive at the conclusion how effective, flawless and consummate the fundamental rights are as ordained in Islam. On the contrary, those who drafted the Declaration of Human Rights, they aimed to extend their domination and hegemony over the world. They are the same people who wiped out tens of thousands of human beings mercilessly by an atom bomb in the twinkling of an eye.

CHAPTER NO. 3..........................................................................................................................................

3.1 Fundamental Rights in Pakistani Constitution

Article 8 To 28 Pakistan Constitution 1973

Relating Articles:

8. Laws inconsistent with or in derogation of fundamental rights to be void. (1) Any law, or any custom or usage having the force of law, in so far as it is inconsistent with the rights conferred by this Chapter, shall, to the extent of such inconsistency, be void. (2) The State shall not make any law which takes away or abridges the rights so conferred and any law made in contravention of this clause shall, to the extent of such contravention, be void. (3) The provisions of this Article shall not apply to :- (a) any law relating to members of the Armed Forces, or of the police or of such other forces as are charged with the maintenance of public order, for the purpose of ensuring the proper discharge of their duties or the maintenance of discipline among them; or

(b) any of the (i) laws specified in the First Schedule as in force immediately before the commencing day or as amended by any of the laws specified in that Schedule; (ii) other laws specified in Part I of the First Schedule;

And no such law nor any provision thereof shall be void on the ground that such law or provision is inconsistent with, or repugnant to, any provision of this Chapter. (4) Notwithstanding anything contained in paragraph (b) of clause (3), within a period of two years from the commencing day, the appropriate Legislature shall bring the laws specified in [Part II of the First Schedule] into conformity with the rights conferred by this Chapter:

before the expiration of each period of three months, that there is, in its opinion, sufficient cause for such detention. Explanation-I: In this Article, "the appropriate Review Board" means, (i) in the case of a person detained under a Federal law, a Board appointed by the Chief Justice of Pakistan and consisting of a Chairman and two other persons, each of whom is or has been a Judge of the Supreme Court or a High Court; and (ii) in the case of a Person detained under a Provincial law, a Board appointed by the Chief Justice of the High Court concerned and consisting of a Chairman and two other persons, each of whom is or has been a Judge of a High Court. Explanation-II: The opinion of a Review Board shall be expressed in terms of the views of the majority of its members. (5) When any person is detained in pursuance of an order made under any law providing for preventive detention, the authority making the order shall, [within fifteen days] from such detention, communicate to such person the grounds on which the order has been made, and shall afford him the earliest opportunity of making a representation against the order: Provided that the authority making any such order may refuse to disclose facts which such authority considers it to be against the public interest to disclose. (6) The authority making the order shall furnish to the appropriate Review Board all documents relevant to the case unless a certificate, signed by a Secretary to the Government concerned, to the effect that it is not in the public interest to furnish any documents, is produced. (7) Within a period of twenty-four months commencing on the day of his first detention in pursuance of an order made under a law providing for preventive detention, no person shall be detained in pursuance of any such order for more than a total period of eight months in the case of a person detained for acting in a manner prejudicial to public order and twelve months in any other case: Provided that this clause shall not apply to any person who is employed by, or works for, or acts on instructions received from, the enemy [or who is acting or attempting to act in a manner prejudicial to the integrity, security or defense of Pakistan or any part thereof or who commits or attempts to commit any act which amounts to an anti- national activity as defined in a Federal law or is a member of any association which has for its objects, or which indulges in, any such anti-national activity.] (8) The appropriate Review Board shall determine the place of detention of the person

10A. Right to fair trial: For the determination of his civil rights and obligations or in any criminal charge against him a person shall be entitled to a fair trial and due process. 12

11. Slavery, forced labor, etc. prohibited. (1) Slavery is non-existent and forbidden and no law shall permit or facilitate its introduction into Pakistan in any form. (2) All forms of forced labor and traffic in human beings are prohibited. (3) No child below the age of fourteen years shall be engaged in any factory or mine or any other hazardous employment. (4) Nothing in this Article shall be deemed to affect compulsory service:- (a) by any person undergoing punishment for an offence against any law; or (b) Required by any law for public purpose provided that no compulsory service shall be of a cruel nature or incompatible with human dignity. 12. Protection against retrospective punishment. (1) No law shall authorize the punishment of a person:-

12 Article 10A inserted by the Constitution (Eighteenth Amendment) Act, 2010, Article 5.

[17. Freedom of association:

(1) Every citizen shall have the right to form associations or unions, subject to any reasonable restrictions imposed by law in the interest of sovereignty or integrity of Pakistan, public order or morality.

(2) Every citizen, not being in the service of Pakistan, shall have the right to form or be a member of a political party, subject to any reasonable restrictions imposed by law in the interest of the sovereignty or integrity of Pakistan and such law shall provide that where the Federal Government declares that any political party has been formed or is operating in a manner prejudicial to the soverignty or integrity of Pakistan, the Federal Government shall, within fifeen days of such declaration, refer the matter to the Supreme Court whose decision on such reference shall be final.

(3) Every political party shall account for the source of its funds in accordance with law.]

18. Freedom of trade, business or profession. Subject to such qualifications, if any, as may be prescribed by law, every citizen shall have the right to enter upon any lawful profession or occupation, and to conduct any lawful trade or business: Provided that nothing in this Article shall prevent:- (a) the regulation of any trade or profession by a licensing system; or (b) the regulation of trade, commerce or industry in the interest of free competition therein; or (c) the carrying on, by the Federal Government or a Provincial Government, or by a corporation controlled by any such Government, of any trade, business, industry or service, to the exclusion, complete or partial, of other persons.

19. Freedom of speech, etc. Every citizen shall have the right to freedom of speech and expression, and there shall be freedom of the press, subject to any reasonable restrictions imposed by law in the interest of the glory of Islam or the integrity, security or defence of Pakistan or any part thereof, friendly relations with foreign States, public order, decency or morality, or in relation to contempt of court, [commission of] or incitement to an offence.

19A. Right to information: Every citizen shall have the right to have access to information in all matters of public importance subject to regulation and reasonable restrictions imposed by law. 13

20. Freedom to profess religion and to manage religious institutions. Subject to law, public order and morality:- (a) every citizen shall have the right to profess, practise and propagate his religion; and (b) every religious denomination and every sect thereof shall have the right to establish, maintain and manage its religious institutions. 21. Safeguard against taxation for purposes of any particular religion. No person shall be compelled to pay any special tax the proceeds of which are to be spent on the propagation or maintenance of any religion other than his own. 22. Safeguards as to educational institutions in respect of religion, etc. (1) No person attending any educational institution shall be required to receive religious instruction, or take part in any religious ceremony, or attend religious worship, if such instruction, ceremony or worship relates to a religion other than his own. (2) In respect of any religious institution, there shall be no discrimination against any community in the granting of exemption or concession in relation to taxation.

13 Article 19A inserted by the Constitution (Eighteenth Amendment) Act, 2010, Article 7.