Question

Why are the rights absolute? And how does the Constitution safeguards and limits individual's rights? Please support your answer.

Answer 1

No limitations can be set to the absolute rights, no matter what the situation is. There are no circumstances which can justify a qualification or limitation of absolute rights. They can neither be suspended nor restricted in any case, even the government has declared the state of emergency.

The First Amendment to the U.S. Constitution was about the freedom rights comprising of nonsecular exercises, freedom of speech, press, free of conflict assembly and requesting the govt. to take any action for an undesirable situation. But the problem is that certain limitations have been set on these rights and these limitations can be a threat to the interests of the local public.

Answer 2

The rights are absolute because nothing justifies the withdrawal or the suspension of them. No matter the circumstance that says otherwise, absolute rights can not be tampered with, modified, transferred or suspended.

One of the main characteristics of individual rights, as principles they are, is their relativity, that is, because they are constitutional law, individual rights are not absolute in the case of tension between them. In the case of tension between individual rights, the most important must prevail and the least important will be discarded.

One can cite as an example the conflict that arises when a journalistic company intends to convey material about the life of a famous singer, however, when exercising the right to freedom of information (which is a right protected by the constitution) would be in conflict with the right the privacy (which is also a dieto protected by the constitution) of the singer, in this case, the judge would analyze which principle should prevail, because the institution limits the principles in this way; that is, when there is tension between rights the one will be protected and the other limited.