Your question: What are the two types of rights that are considered fundamental for equal protection purposes?

What are equal protection rights?

Overview. Equal Protection refers to the idea that a governmental body may not deny people equal protection of its governing laws. The governing body state must treat an individual in the same manner as others in similar conditions and circumstances.

What type of rights are fundamental rights?

The Constitution guarantees six fundamental rights to Indian citizens as follows: (i) right to equality, (ii) right to freedom, (iii) right against exploitation, (iv) right to freedom of religion, (v) cultural and educational rights, and (vi) right to constitutional remedies.

Is equal protection a fundamental right?

Generally, however, the list of fundamental rights for Equal Protection Clause purposes is the same as for Due Process Clause purposes. Furthermore, in Equal Protection cases involving fundamental rights, it is important not to get distracted by focusing on the group whose rights are affected.

What are the fundamental rights who protects them?

The fundamental rights are protected by the judiciary of India and in case of their violation, a person can approach the Supreme court directly for justice as per Article 32 of the constitution.

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What is an example of equal protection?

Laws that make distinctions based on race and burden both whites and blacks are also unconstitutional. For example, a state may not prohibit inter-racial marriages, or deny child custody to a couple because they are of different races.

What is equal protection quizlet?

Equal Protection Clause. enforces the idea that the laws of a state, or of the nation, must treat any given individual in the same way as it would treat other individuals who are in similar conditions and circumstance. You just studied 19 terms!

What are the rights to equality?

Right to Equality (Articles 14 – 18) The right to equality provides for the equal treatment of everyone before the law, prevents discrimination on various grounds, treats everybody as equals in matters of public employment, and abolishes untouchability, and titles (such as Sir, Rai Bahadur, etc.).

Why are fundamental rights fundamental?

The Fundamental Rights are called Fundamental because they are essential and natural to the development of human beings. The Fundamental Rights are defined as basic human freedoms that every Indian citizen has the right to enjoy for a proper and harmonious development of personality.

What are fundamental rights in the Constitution?

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.

How many equal protection clauses are there?

Justice John Paul Stevens argued for only one level of scrutiny, given that “there is only one Equal Protection Clause”. The whole tiered strategy developed by the Court is meant to reconcile the principle of equal protection with the reality that most laws necessarily discriminate in some way.

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What are the two basic types of due process?

There are two types of due process: procedural and substantive. Procedural due process is based on the concept of fundamental fairness. It means that a person must be notified of the charges and proceedings against them and have an adequate opportunity to respond.

What does the Equal Protection Clause protect quizlet?

It prohibits laws that unreasonably and unfairly favor some groups over others or arbitrarily discriminate against persons.

Which is the most fundamental of fundamental rights?

Right to freedom includes articles on freedom of speech, expression and assembly and is one of the most important of the fundamental rights.

How many basic fundamental rights are there?

Classification of Fundamental Rights

Classification of Fundamental Rights Article
Right to Equality 18
Right to Freedom 19
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