A limitation clause is added to limit the individual right part to a specific extent. It also prevents the rights from being misused by anyone. The limitation clause helps to limit the powers of an individual as well. The limitations are necessary to curb the excessive use of power, which is very important to form a democratic government. To protect the liberties of individuals, there is the two-fold necessity of limitation clause;
First, it enables the legislatures and courts to all particular limitations on the rights.
Second, to place the limit on such limitations to protect the right against excessive restrictions.
However, there is a possibility that the limitation clause is not present or is vague. Then, in that case, the courts opt to define the ways to balance the public and private rights.
Brief of Ten Amendments Constituting the Bill of Rights
The United States Constitution is the highest legislation in the land. It is the world’s oldest written constitution. The essential characteristics are simplicity and flexibility, which made it more appealing to other countries and set an example for them. The addition of the amendments gave the United States Constitution a new direction. The following is a summary of the amendments:
The first amendment safeguarded fundamental freedoms and rights. The section pertaining to protection against Arbitrary Military Action was included in the second and third amendments. Protection from arbitrary police and court action was provided in the fourth, fifth, sixth, seventh, and eighth amendments. Protections of States’ Rights and Unnamed People’s Rights were included in the ninth and tenth amendments.
The Objectives behind the Limitation of Rights
The major objectives include the following:
To protect the rights of others: Whenever there is a conflict of rights, some rights need to be limited to protect the rights of others.
Promoting social justice: The rights need to be curbed to meet the ends of social justice.
Public morals: The presence of such limitations also helps to preserve public morals. Anything against public morals or public policy cannot be considered an exception to the right to freedom of speech. It is how public morals can be saved.
National security: National security includes terrorism, attacks, etc. The restrictions are sometimes used disproportionately against the poor and trodden section of the society.
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