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Civil liberties are simply defined as individual legal and constitutional protections from entities more powerful than an individual, for example, parts of the government, other individuals, or corporations. The explicitly defined liberties make up the Bill of Rights, including freedom of speech, the right to bear arms, and the right to privacy ...
[19] In the abstract, the constitution strives to secure fundamental individual liberties and rights, which are covered pointedly in articles 10 to 40. Most salient of the human dignity articles is article 25, section 1, which guarantees that all "people shall have the right to maintain the minimum standards of wholesome and cultured living."
John Stuart Mill. Philosophers from the earliest times have considered the question of liberty. Roman Emperor Marcus Aurelius (121–180 AD) wrote: . a polity in which there is the same law for all, a polity administered with regard to equal rights and equal freedom of speech, and the idea of a kingly government which respects most of all the freedom of the governed.
He argues that the Constitution was designed to protect individual liberty within a framework of ordered liberty, which balances the need for social order with the importance of individual freedom. [2] Mathias contended the Constitution's original intent is a framework for ordered liberty, not a fixed set of rules.
The U.S. Constitution was a federal one and was greatly influenced by the study of Magna Carta and other federations, both ancient and extant. The Due Process Clause of the Constitution was partly based on common law and on Magna Carta (1215), which had become a foundation of English liberty against arbitrary power wielded by a ruler.
It is considered by some that the sole purpose of government is the protection of life, liberty , and property. [15] Some thinkers have argued that the concepts of self-ownership and cognitive liberty affirm rights to choose the food one eats, [16] [17] the medicine one takes, [18] [19] [20] and the habit one indulges. [21] [22] [23]
Hayek also argued how laws serve to coordinate individual actions, help mutual cooperation, and establish order in society without the need for centralized direction. The rule of law is essential for preserving individual liberty and enabling effective social organization. [4] Hayek traces the evolution of individual liberty from 17th-century ...
When a law or other act of government is challenged as a violation of individual liberty under the due process clause, courts nowadays primarily use two forms of scrutiny, or judicial review, which is used by the Judicial Branch. This inquiry balances the importance of the governmental interest being served and the appropriateness of the ...