Legal Definitions - constitutional freedom

Constitutional Freedom

A constitutional freedom refers to a fundamental right or liberty that is specifically protected and guaranteed by a nation's constitution, particularly within its foundational documents like a Bill of Rights. These freedoms are considered essential to a free society and limit the power of the government to infringe upon individual liberties.

• Example 1: Freedom of Religion

  Imagine a local government attempting to pass a law that mandates all public schools to begin each day with a prayer from a specific religious tradition. A group of parents, some of whom practice different faiths or no faith at all, challenges this law.

  This scenario illustrates a constitutional freedom because the parents are asserting their right, guaranteed by the Constitution, to be free from government establishment of religion and to freely exercise their own beliefs without coercion. The government's action would be seen as infringing upon the constitutional freedom of religious liberty.

• Example 2: Right to a Fair Trial

  Consider a situation where an individual is arrested and accused of a crime, but they are held for an extended period without being informed of the specific charges against them, denied access to legal counsel, or given an opportunity to present their defense in court.

  This situation directly implicates the constitutional freedom of due process and the right to a fair trial. The Constitution guarantees that individuals cannot be deprived of their liberty without proper legal procedures, including the right to know the charges, have legal representation, and present a defense, ensuring the government acts justly and lawfully.

• Example 3: Freedom of Assembly

  Suppose a community group organizes a peaceful demonstration in a public park to protest a proposed zoning change that they believe will negatively impact their neighborhood. Local authorities try to prevent the gathering entirely, citing vague concerns about "disruption," even though the group has a permit and plans to remain orderly.

  This situation highlights the constitutional freedom of assembly. The Constitution protects the right of individuals to gather peacefully to express their views, petition the government, or associate with others for common purposes. Preventing such a peaceful assembly without a compelling and narrowly tailored reason would be an infringement on this fundamental liberty.