* Individual Rights and Freedoms
Expert-defined terms from the Professional Certificate in Constitutional and Administrative Law course at LearnUNI. Free to read, free to share, paired with a globally recognised certification pathway.
Administrative law #
The branch of law that governs the activities of administrative agencies of government. It is concerned with the procedures, powers, and duties of these agencies, and provides limits on their authority.
Bill of Rights #
A document that outlines the fundamental rights and freedoms of individuals. In the United States, the Bill of Rights is the first ten amendments to the Constitution. In other countries, a Bill of Rights may be part of the constitution or a separate statute.
Due process #
A legal principle that guarantees fair treatment and protection of individual rights when the government takes action that affects those rights. Due process requires that the government provide notice and a hearing before taking certain actions, and that any action taken be reasonable and not arbitrary or capricious.
Equal protection #
A legal principle that requires the government to treat all individuals equally under the law. This means that the government cannot discriminate against individuals based on certain characteristics, such as race, religion, or national origin.
Freedom of assembly #
The right of individuals to come together and express their views and opinions in a peaceful and orderly manner. This right is protected by the First Amendment to the United States Constitution.
Freedom of association #
The right of individuals to join together and form groups or organizations for the purpose of advancing their common interests. This right is protected by the First Amendment to the United States Constitution.
Freedom of expression #
The right of individuals to express their thoughts, ideas, and opinions freely, without fear of censorship or retribution. This right is protected by the First Amendment to the United States Constitution.
Freedom of the press #
The right of the media to publish and disseminate information and ideas freely, without fear of censorship or retribution. This right is protected by the First Amendment to the United States Constitution.
Habeas corpus #
A legal principle that prohibits the government from detaining an individual without cause or due process. It allows an individual to challenge the legality of their detention in court.
Judicial review #
The power of courts to review the actions of administrative agencies and other government entities to ensure that they are constitutional and in compliance with the law.
Magna Carta #
A charter of rights and liberties signed by King John of England in 1215. It is considered a foundational document in the development of constitutional law and individual rights.
Privacy #
The right of individuals to be free from unwarranted intrusion into their personal and private affairs. This right is not explicitly mentioned in the United States Constitution, but has been inferred from various amendments and court decisions.
Procedural due process #
The requirement that the government follow certain procedures when taking actions that affect individual rights. This may include providing notice, a hearing, and an opportunity to be heard before taking certain actions.
Substantive due process #
The requirement that the government's actions be reasonable and not arbitrary or capricious, even if the proper procedures have been followed.
Takings clause #
A provision in the Fifth Amendment to the United States Constitution that prohibits the government from taking private property for public use without just compensation.
Unreasonable searches and seizures #
A prohibition on the government searching or seizing an individual's person, property, or papers without probable cause or a warrant. This right is protected by the Fourth Amendment to the United States Constitution.
Vagueness doctrine #
A legal principle that requires laws to be clear and specific, rather than vague or overly broad. This doctrine is based on the Due Process Clauses of the Fifth and Fourteenth Amendments to the United States Constitution.
Writ of mandamus #
A court order that requires a government official or agency to perform a duty that they have a legal obligation to perform. It is a type of equitable relief that is available in certain circumstances.