A citizen challenges a government directive requiring mandatory national defense service during an existential security crisis, claiming that compulsory call-up infringes upon individual personal liberty. Under constitutional democratic principles, why is the citizen's legal challenge invalid?
- Fundamental rights are qualified and subject to constitutional derogation in the interest of national defense and public order.Answer
- BExecutive emergency decrees automatically dismantle constitutional supremacy and permanently override fundamental rights.
- CExecutive immunity provisions empower elected heads of state to suspend citizen liberties at their personal discretion.
- DParliamentary sovereignty grants the legislature unchallengeable authority to abolish fundamental civic liberties at any time.
Answer
Fundamental rights are qualified and subject to constitutional derogation in the interest of national defense and public order.
The correct answer highlights that fundamental rights in a constitutional democracy are qualified rather than absolute. Standard constitutional law permits derogation clauses that restrict specific rights during periods of national defense or public emergency.
Step-by-Step Solution
Key Concept
Limitations and Derogation of Fundamental Rights