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Ch 05 - Democratic Rights9th Polity & Civics
The Definition of Rights
What are the three essential tests or qualities a claim must pass to be officially classified as a 'Right'?
What are the three essential tests or qualities a claim must pass to be officially classified as a 'Right'?
DEFINITION
The 3 Qualities of a Right
- Reasonable: The claim must be fundamentally reasonable and possible for every citizen to possess equally.
- Recognized: It must be socially acceptable and universally recognized by the society at large.
- Sanctioned: It must be officially sanctioned and enforceable by the law of the state.
- Definition: Rights are legitimate claims of a person over other fellow beings, over the society, and over the government.
Prism Memory Hook
RRS: Reasonable, Recognized, Sanctioned
Claim vs. Right
What is the core political distinction between a 'Claim' and a 'Right'?
What is the core political distinction between a 'Claim' and a 'Right'?
DISTINCTION
Demand vs. Guarantee
- Claim: A general wish or personal demand made by an individual (e.g., 'I want to stay out late'). It may or may not be socially recognized or legally protected.
- Right: A claim that has successfully matured by passing three rigorous tests:
- It is reasonable (possible for all).
- It is recognized by society.
- It is sanctioned by law.
Prism Memory Hook
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The Democratic Necessity of Rights
Why are constitutionally guaranteed rights an absolute necessity for the survival of a democracy?
Why are constitutionally guaranteed rights an absolute necessity for the survival of a democracy?
CONCEPT
The Democratic Safeguard
- Political Participation: Rights enable citizens to actively participate in the democratic process, ensuring they can vote, express opinions, and form political parties.
- Minority Protection: They act as a critical shield, protecting vulnerable minorities from the potential oppression and tyranny of the majority.
- Check on Government: Rights are legally placed higher than the government itself. This structural hierarchy ensures that even a democratically elected government cannot arbitrarily violate them.
Prism Memory Hook
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Also in this chapter
34 more cards to study in Prism
- 4Global Rights Denial: Guantanamo Bay
- 5Rights Suppression in an Autocracy
- 6Tyranny of the Majority: Kosovo
- 7The Six Fundamental Rights
- 8The Rule of Law (Article 14)
- 9Prohibition of Discrimination (Article 15)
- 10Application: The Right to Identity
- 11Abolition of Untouchability (Article 17)
- 12Substantive Equality and Reservations
- 13The Cluster of Freedoms (Article 19)
- 14Reasonable Restrictions on Freedom
- 15Application: Restricting Expression
- 16Protections Against Arbitrary Arrest (Article 22)
- 17The Exception: Preventive Detention
- 18Right Against Exploitation (Article 23)
- 19Prohibition of Child Labour (Article 24)
- 20The Model of Indian Secularism
- 21Cultural and Educational Rights (Articles 29-30)
- 22Defining Minority Status
- 23Right to Constitutional Remedies (Article 32)
- 24Judicial Enforcement and Writs
- 25Public Interest Litigation (PIL)
- 26National Human Rights Commission (NHRC)
- 27Investigative Powers of the NHRC
- 28Fundamental vs. Constitutional Rights
- 29Fundamental Rights vs. DPSP
- 30The Expanding Scope of Rights
- 31Right to Education (RTE)
- 32Definition: Amnesty International
- 33Application: The Right to Livelihood
- 34Definition: International Covenant
- 35International Socio-Economic Standards
- 36Progressive Rights: The South African Model
- 37Definition: Ethnic Group
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