0. The Supreme Court exercises its
for safeguarding the
fundamental rights of citizens.
Answers
Answer:
The protective role of the Supreme Court, has in course of time manifested itself in the following ways, namely (a) declaration of a law as unconstitutional in case it comes in conflict with a fundamental right; (b) prohibition on an individual from bartering away his fundamental rights; (c) non-amendability .
Explanation:
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Explanation:
THE SUPREME COURT AND
FUNDAMENTAL RIGHTS
M.P. Jain
The Declaration of the French Revolution, 1789, which may be
regarded as a concrete political statement on human rights,
declared: 'The aim of all political association is the conservation
of the natural and inalienable rights of man'. The preamble to the
Universal Declaration of Human Rights declares, inter alia:
'Whereas recognition of the inherent dignity and of the equal and
inalienable rights of all members of the human family is the
foundation of freedom, justice and peace in the world....'
The concept of human rights has a respectable pedigree; it can
be traced to the Natural Law thinking of the seventeenth century.
The Natural Law philosophers, such as Locke and Rousseau,
philosophized over such inherent human rights and sought to
preserve these rights by propounding the theory of social
compact.1
The concept of human rights represents an attempt to
protect the individual from oppression and injustice.
In modern times, it is widely accepted that the right to liberty
is the essence of a free society and that it must be safeguarded at
^ e e Lloyd's Introduction to Jurisprudence (1985), 117-23. The
American Constitution went on to embody Lockean ideas about the
protection of life, liberty and property. See B. Bailyn, Ideological Origins
of the American Revolution (1967)