Fundamental Rights: A Comparative Critical Analysis

Vicky Kumar, LL.M (Chanakya National Law University, Patna)

ABSTRACT

A comparative critical analysis of fundamental rights explores the legal guarantees that safeguard individual liberties across different jurisdictions. Fundamental rights, also known as human rights or constitutional rights, form the bedrock of democratic societies, ensuring protection against governmental abuse and promoting the dignity and autonomy of individuals. This analysis examines the approaches taken by various legal systems, emphasizing similarities, differences, and evolving trends.

In democratic nations, fundamental rights are typically enshrined in constitutional documents, such as the Bill of Rights in the United States or the Fundamental Rights chapter in the Indian Constitution. A critical examination reveals the nuances in how these rights are defined, interpreted, and enforced. Some jurisdictions prioritize civil and political rights, emphasizing freedoms like speech, assembly, and privacy, while others emphasize social and economic rights, such as education and healthcare.

Comparisons highlight the impact of cultural, historical, and political contexts on the prioritization and protection of certain rights. Additionally, the role of international human rights instruments, such as the Universal Declaration of Human Rights, contributes to a global framework that influences domestic legal systems.

The analysis also delves into the effectiveness of mechanisms for protecting fundamental rights, including judicial review, legislative action, and public advocacy. Differences in legal traditions and approaches to balancing individual rights against collective interests become evident, fostering a deeper understanding of the strengths and weaknesses of diverse systems.

Ultimately, a comparative critical analysis of fundamental rights illuminates the evolving nature of human rights discourse and legal frameworks, providing valuable insights into the ongoing quest for a just and equitable society across the globe.

Keywords: Fundamental Rights, Human Rights, Constitutional Rights, Bill of Rights, International Human Rights Instruments.