Fundamental rights are a group of rights that have been recognized by the Supreme Court as requiring a high degree of protection from government encroachment. These rights are specifically identified in the Constitution (especially in the Bill of Rights), or have been found under Due Process. Laws limiting these rights generally must pass strict scrutiny to be upheld as constitutional. Examples of fundamental rights not specifically listed in the Constitution include the right to marry and the right to privacy, which includes a right to contraception and the right to interstate travel.
Definition from Nolo’s Plain-English Law Dictionary
In constitutional law, certain rights protected by the due process or equal protection clause that cannot be regulated unless the regulating law passes a rigorous set of criteria (strict scrutiny). Fundamental rights, as defined by the Supreme Court, include various rights of privacy (such as marriage and contraception), the right to interstate travel, and the right to vote.
Definition provided by Nolo’s Plain-English Law Dictionary.
August 19, 2010, 5:16 pm