“Man is born free; and everywhere he is in chains”
- Jean Jacques Rousseau
Rousseau’s perceptive observation on the peculiar predicament of man is revealing in at least two important ways for civil liberties law assignment. Firstly, it talks about the essential precondition of human being, i.e. the need to be free and secondly it also alludes to the restrictions placed upon the exercise of such freedoms from various quarters.
In this article on civil liberties law assignment, we take a look at the main factors which contribute to human liberty as well as the chief impediments towards achieving such liberty in the context of civil liberties law assignment. Civil liberties laws are, however, important not just for common people but also for law students doing civil liberties law assignment. Civil laws in all countries deal with violations of civil liberties and lawyers are called upon to deal with such issues. Here is a brief introduction to the field of civil liberties law and the issues you must know if you want civil liberties law assignment help from our civil liberties law writers.
The individual guarantees and freedoms which are granted by the constitution, enforced by law and cannot be changed by legislation and judicial interpretation are called civil liberties. Memorize this carefully for your civil liberties law assignment.
Civil liberties as understood in civil liberties law assignments are basically constitutionally validated legal rights which are granted to the citizens and cannot be changed by the government, except in exceptional circumstances like a political emergency. The idea of civil liberty, in civil liberties law assignment, is the cornerstone of modern democratic constitutions. While democratic governments around the world grant constitutional freedom and civil liberties, they are also validated by international organizations like the UN. The rights and liberties which are universally recognized are also called human rights.
Find more of civil liberty on our civil liberties law assignment help from civil liberties law writers.
Historical evolution of liberty in civil liberties law assignment
- The concept of liberty, in civil liberties law assignment, has been dealt as early as Greek times. The Greeks believed that liberty as a principle only applied to free men. As such women and slaves were not allowed political liberty. Further the Greeks believed that a good king would ensure freedom and liberty for his people.
- The Greek idea held sway for quite some time until the coming of Social Contract theorists like Hobbes, John Locke and Rousseau. They believed that it was not king but the law which governed human affairs on earth. As such rule of law enshrined the principle of civil liberties. For more on civil liberties law assignment, log on to our website.
- With the coming of democratic constitutions, modern civil liberties took concrete shape. The US Bill of Rights (1791) the Declaration of the Rights of Man and Citizen (1789) were some of the modern legal documents which incorporated the principle of liberty. For more assistance on civil liberties law assignment, log on to our website
- Finally with the adoption of UN declaration of Human Rights (1948), civil liberties got international validity. For more help on civil liberties law assignment, log on to our website.
Types of primary civil liberties
For the purpose of writing civil liberties law assignment, it should be remembered that not all civil liberties are common to all democratic countries. Some countries have some specific types of civil rights which are not recognized by other constitutions. As such the primary civil liberties universally recognized which are also important for civil liberties law assignment are the following:
Right to life, in civil liberty law assignment, is an ethical and a legal principle which means that every human being no matter how rich or how poor or how powerful or how weak has a right to live. Nobody should unjustly kill another person. This principle is the major bone of contention in the debates regarding Euthanasia, mortality of war, capital punishment and abortion. The United States Declaration of Independence in the 18th century adopted this right legally for the first time although as a concept it has been popular before. The UN declaration on human rights has also recognized this right as a universal human right. Get more on this in our civil liberties law assignment help service from our civil liberties law writers.
Recently, philosophers have applied this idea to the question of abortion. Should an unborn embryo have the right to live? Peter Singer, a philosopher believes that the right of life depends on the ability of an entity to live and plan ahead for the future. This may be extended to animals but not to unborn children. Get more on this controversy in civil liberties law assignment help from our civil liberties law writers.
- Right to freedom of speech and expression
This is a kind of political right that stands next to the right of life. Freedom of speech and expression, as used in civil liberties law assignment means the freedom to use one’s body and property to express one’s opinion in a verbal on or a non-verbal way. A significant type of political liberty, it however comes with qualifications including:
- Classified information
- Public security, order and peace
- Religious sentiments
All these put important limitations on the right to the freedom of speech and expression, say our civil liberties law assignment experts. Philosophers argue that this right should not be absolute but exercised with caution so as not to hurt sentiments of minority communities. The Danish cartoon row caricaturing Prophet Mohammad was probably the best instance of a negative use of this right. Find more information from our civil liberties law assignment writers.
The following points are essential to remember while discussing right to religion in civil liberties law assignment.
- Right to religion or right to practice one’s religion is another important area of civil liberties law assignment.
- This right in civil liberties law assignment is a socio-religious right which ensures the freedom to practice, observe and change one’s religion. It also ensures the right not to follow any religion.
- A survey conducted by Pew Research Center in 2009 had shown had countries in Latin America, Scandinavia, Australia and Canada had the lowest restrictions on the freedom of religion.
- On the other hand, countries like Iran, Egypt, Indonesia and Pakistan had highest amount of governmental restrictions.
- Similarly, countries like India, Iraq, Bangladesh, Saudi Arabia and Pakistan had the highest amount of social hostility between religious communities
- Among the two most controversial areas of right to religion in civil liberties law assignment are the issues of apostasy and right to evangelize. While the issues of apostasy and evangelism are particularly rife in Muslim and Christian countries, international organizations like the UN argue that while people do have a right to proselytize and propagate religion, religious conversions should be voluntary and not forceful. For more on civil liberties law assignment, log on to Myassignmenthelp.com.
- Right to equal treatment before law
Equality before law and equal treatment are two other important political rights in civil liberties law assignment. They mean that every person has a right to be treated equally before law without favoritism and every person has a right to receive a fair trial without delay. This is not only a fundamental right but also a universal human right as accepted by the UN declaration of human rights and the European convention of human rights. For more on civil liberties law assignment, log on to our website.
Few special types of civil liberties in civil liberties law assignment
There are other types of liberties, in civil liberties law assignment, which are not granted by all democratic countries. They are:
This is a special kind of civil liberty, explain our civil liberties law assignment experts, that gives an individual the economic power to possess and sell material and non-material property. Unlike human rights they are not universal and vary widely from one country to another. European countries have high degree of right to private property. The European Convention on Human Rights recognizes the peaceful enjoyment of private property as basic human right. However, communist countries do not recognize this right to private property since everything is owned by the state. More information on right to property can be found in our civil liberties law assignment help material.
It is a universal entitlement to education that is recognized by the International Covenant on Economic, Social and Cultural Rights. It means every child has a right to free and compulsory primary education. While all nations strive to grant this right to their citizens very few manage to provide them completely. The fulfillment of the fight to education can be assessed under the 4A framework. It includes availability, accessibility, acceptability and adaptability. Through these determinants we can judge how far a country has been able to provide this right. For civil liberties law assignment help on right to education, log on to our website.
Freedom of information or right to information in civil liberties law assignment allows access to general public to the information held by national governments. A person has to start a ‘right-to-know’ legal process by which requests may be made for government held information which may be either free or can be procured with a small amount of fee. For civil liberty law assignment help on right to information, take our help.
The second amendment to the US constitution gives an individual the right to possess arms. It declares that right of people to keep and possess arms which is necessary to maintain peace and order. In the twenty first century, the amendment has been subjected to intense scrutiny. A public debate has ensued between two lobbies. For civil liberty law assignment, you need to understand this.
- The Gun Control lobby: The gun control lobbyists argue that unrestricted use of the right to armed leads to frequent crime while debars the government from fulfilling its duty of maintaining peace and order.
- The Gun Rights lobby: The gun rights lobby argues that the keeping of guns by law abiding citizens leads to a safer society and peace. For civil liberty law assignment help on gun policy, log on to MyAssignmenthelp.com.
Distinction between positive and negative liberties
Not all civil liberties are the same. Liberties, in civil liberties law assignment, may be of two types depending upon their larger philosophical connotations:
- Positive liberties
- Negative liberties
Positive liberties are those liberties which are concerned with the development of an individual’s own potential. This is different from negative liberties which ensure the freedom from interference by the state. In political philosophy, negative liberty means “freedom from” something while positive liberty means “capacity to” do something. For a clear picture for civil liberties law assignment, log on to MyAssignmenthelp.com Let us take up an example to show how it works.
Tony Mathews is a resident of the Sydney Australia. His girlfriend lives in Adelaide. Tony has the liberty to visit his girlfriend over the weekend with the help of a short distance flight.
From the point of view of negative liberty, Tony may face many impediments to exercise his freedom
- His friends and relatives may debar him from seeing the girl
- His friends and relatives can lock him up and prevent him from meeting the girl
From the point of view of positive liberty, Tony may have the liberty but may lack the capacity to visit his girlfriend due to several reasons:
- The flight tickets might be terribly expensive
- Tony may come down with flu and is unable to visit his girlfriend.
Given such circumstances, what should the state do?
- From the point of view of negative liberty, the state might prevent the friends and relatives from locking up Tony and thereby ensure that Tony is able to exercise his liberty.
- However, from the point of view of positive liberty, the state should not just prevent others from stopping Tony to visit his girlfriend but actively promote conditions to the exercise of his liberty. So, the state might reduce the flight prices that would enable Tony to visit his girlfriend. It may give Tony, free and quickly available medical care so as to ensure that Tony is physically capable of visiting his girlfriend.
- Some political philosophers believe that ideally, the state should never interfere with positive liberties and only exercise negative liberties. This is because if the state artificially reduces the air ticket prices and gives free medical care to Tony, it will be interfering with the negative liberties of the airline company from fixing its own prices and the doctor from charging his fee at will.
- However, critics note that if the government does not actively promote positive liberties then people will never develop the capacity to exercise their liberties in the first place.
Needless to say, the main issue in the public discourse of civil liberties in civil liberties law assignment is how much should the state intervene? Should the state just be concerned with negative liberties? Or should the state actively promote positive liberties that would develop human capacities to exercise their freedom?
The debate continues with no possible outcome. For civil liberties law assignment on positive and negative liberties, trust MyAssignmenthelp.com.
Civil rights in the contemporary world
The level of civil liberties determines how free a particular country is. Surely, liberty is a difficult concept to quantify, but here is a list of top countries which ensures the highest amount of civil liberties. For more on civil liberties law assignment help, take our help.
Top 5 liberal countries
This Scandinavian nation ensures high amount of liberty to it citizen. It grants the highest amount of maternity leave in the world and free education from kindergarten to university.
- Costa Rica
The only country in Latin America that has maintained political stability with economic progress.
This country of the southern hemisphere has one of the highest levels of life expectancy along with free medical care for all.
This neighbor of USA has high level of civil rights with low level of crime, poverty and unemployment. The country is famed for its ethical treatment of minorities. Gay marriages were legalized much before the US.
This land locked country has one of highest per capita income in the world along with a very high average wage level. For more on civil liberties law assignment help, trust us.
Worst 5 nations with least amount of liberties
This African nation is ravaged with incessant fighting and political turmoil.
- North Korea
This authoritarian communist regime allows no freedom of speech and expression.
Tops the list of most corrupt countries with election fraud and bribery.
Regularly violates freedom of press.
Under the draconian Gadaffi regime, it became of the most corrupt nations in the world. For civil liberties law assignment help on liberty, contact us.
While modern world has prided itself in the development of civil liberties and human rights, the experiences of the two world wars and that of the holocaust have forced international agencies like the UN to adopt the Universal Declaration of Human Rights which promises to ensure primary liberties like freedom of speech and expression, right to life and right to religion to all places irrespective of regional variations. Civil liberties law assignment help can now be availed on our website.
Ways to protect civil liberties
The protection of human rights and civil liberties has become a necessity in the contemporary world. There are several ways to ensure the maximum amount of freedom. They are:
- Through international agencies like the United Nations
- Through an active media
- A vigilant judiciary
- Existence of multi-party democracies ensuring debate and discussion. For more on how to protect civil liberties, take our civil liberties law assignment
Civil liberties law students and their civil liberties law assignments
Civil liberties law students can expect number interesting issues to be raised in the course of their civil liberties law assignment.
- The idea of liberty
- Civil liberty and other types of liberty
- Positive and negative liberties
- Role of UN in maintaining liberty etc.
These are some key issues on which students can expect civil liberties law assignment and essay. However, there are some usual difficulties which a student faces in civil liberties law assignment. They are:
- Civil liberties and human rights law is a vast area. Civil liberties law assignment combine perspectives from private and public laws and deal with a number of issues.
- Civil liberties law assignment requires intense study and a wide ranging knowledge of contemporary issues.
- Finally civil liberties law assignment help requires a keen understanding of political philosophy which is complex and tricky.
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