In simple words, In order to reconcile human rights with both the common interest, the courts must determine each circumstance on a scenario-by-case basis, bearing into consideration democratic values, existing statutes and previous Supreme Court and other tribunals decisions.
In America, our Constitution and other founding documents grant certain human freedoms or civil liberties. America's founders, including Thomas Jefferson as well as James Madison, intentionally placed these freedoms throughout the Bill of Rights because the government might consider it quite challenging to abrogate them.
