Constitutional Law and Human Rights
Constitutional Law and Human Rights tests the limits on public power and the protection of fundamental rights. Expect questions on proportionality, equality, due process, judicial review, and the separation of powers.
Core rules
- Constitutional supremacy means statutes and administrative acts must conform to the constitution.
- Fundamental rights may be restricted only by law and only for a legitimate aim; the restriction must be necessary and proportionate.
- Proportionality asks whether the measure is suitable, necessary, and balanced. A less restrictive alternative matters.
- Equality prohibits arbitrary distinctions; different treatment needs a rational relationship to a legitimate aim, with stricter review for suspect classifications.
- Due process requires notice, hearing, reasons, and an impartial decision-maker.
Worked example
A statute bans all protests within 500 meters of a courthouse. The aim of protecting fair trials is legitimate, but a complete ban may be overbroad. A narrower buffer zone, time limits, or security screening could achieve the aim with less burden on assembly and speech. The court applies proportionality and may strike the ban or require a narrow construction. The state bears the burden of justifying the restriction.
Traps
- Treating a fundamental right as absolute.
- Applying only rational-basis review to a serious rights restriction.
- Ignoring standing or ripeness.
- Confusing political questions with constitutional review.
- Accepting a legitimate aim without testing necessity and balance.