Unit 9-limitation Of Your Fundamental Rights

Question 1

Limiting fundamental rights

Answer 1

• democracy can never work is all right can always be enforced in all circumstances
• certain rights must be limited at times or when one right will be in direct conflict with another

Question 2

Limitation of fundamental rights

Answer 2

-some rights are limited because of the way in which they are formulated or described
-certain rights can be suspended for a period of time when the state declares a state of emergency (natural disaster, threat of war, state of disorder)
-criteria for a right to be limited
:law that limits the right must be of general application
:limitation must be reasonable in a democratic society based in human dignity, equality and freedom
:all relevant points must be taken into account, like what is the nature of the right, what is the purpose of the limitation and how important is it, nature of and how much of a limitation it will be, could this purpose be achieved in a less restrictive way