Legal Meaning
Although many fundamental rights are also more widely considered to be human rights, the classification of a right as fundamental invokes specific legal tests used by courts to determine the carefully constrained conditions under which the United States government and the various state governments may impose limitations on these rights. In such legal contexts, as generally determined whether rights are to be considered fundamental by examining the historical foundations of those rights, and determining whether their protection was part of a longstanding tradition. Other rights may be guaranteed as fundamental by individual states.
Read more about this topic: Fundamental Rights
Famous quotes containing the words legal and/or meaning:
“If he who breaks the law is not punished, he who obeys it is cheated. This, and this alone, is why lawbreakers ought to be punished: to authenticate as good, and to encourage as useful, law-abiding behavior. The aim of criminal law cannot be correction or deterrence; it can only be the maintenance of the legal order.”
—Thomas Szasz (b. 1920)
“That would be waving and that would be crying,
Crying and shouting and meaning farewell,
Farewell in the eyes and farewell at the centre,
Just to stand still without moving a hand.”
—Wallace Stevens (1879–1955)