Life, Liberty & Security of the Person

Question 1

Security of the person

Answer 1

Means freedom from harm by the state
Means both physical or psychological harm
Court has tried to narrow this down, when we talked about psychological harm, mean the harm caused when the state is interfering in profoundly intimate and personal choices

Question 2

Internal limit

Answer 2

Except when consistent with the principles of fundamental justice
The court approaches this on a case by case basis
Have said that if something is going to be a principle of fundamental justice, there must be a fair bit of social consensus around that

Question 3

Vagueness in the law

Answer 3

o no fair notice (retroactive laws)
o arbitrariness- too much state discretion (over enforcement)
o unequal application of the law
o irrationality- rights violation not rooted in necessity/logic