The Essence of Constitutional Rights

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Introduction

Constitutional rights are a form of liberty or freedom which is granted by the authority’s constitution of a given region, country, or state. In many countries like US and others, the constitutional rights are mostly derived by the citizens of the Country and are protected by the constitution itself (Moore, 1998). The constitution of any given region gives the citizen the right to life, freedom of speech, freedom of movement, political freedom, and freedom of the press among others (Moore, 1998).

The following is a literal example in which constitutional rights have been violated by a federal official. “I am driving when drunk, the police arrests me. However he locks me for three working days without pressing charges against me. He also does not present my case to the court for ruling”. In this case a citizen protected by the constitution which grants freedom of movement has constitutional rights that have been violated. The police officers in this case have violated several of the person’s constitutional rights such as freedom to movement as well as unfair detention beyond the legal stipulated time. As a citizen residing in a country whose constitutions guarantees, the person has a right to sue the police who are acting as the agents of the State.

Why sue Offenders

All the rights stipulated by the constitution of a country or a state are important to a citizen since they make it possible for them to live a peaceful and productive life as free citizens. In relation to productivity, an individual who has been violated the right to movement may be economically unproductive since he/she will be denied the freedom to move to certain places of work and so on. The other right is freedom of religion is a very sensitive right which is granted by the constitution in most countries (Heinze, 2005).

Religion is a basic institution in every society as it provides and creates peace to individual by guaranteeing not to interfere with their choice of religion; this provision of freedom translates to good relationship between persons and their neighbors. Hence, religion helps an individual to fit well in the society. In fact and on the contrary, violation of an individual freedom of worship limits his/her ability to interact and socialize, build hope and cope with challenges of everyday life.

Thirdly, the right to information is important to a citizen and may have adverse effect to an individual when it is violated especially by State agents such as police. For instance in case of a suspect being interrogated by a police officer over a case, failure to inform such a suspect of their rights may lead to misconstruction of justice. This is because under such circumstances a suspect is constitutionally protected by the law and should be informed of his rights by the officer. But suppose the officer makes a suspect sign a form that will be used as part of the evidence against the suspect without having given full advice or read them the Miranda rights? Then, the suspect has been violated of his/her constitutional rights to information (Moore, 1998). This will have a negative implication and will affect the verdict of judgment against the suspect.

Conclusion

For the reasons set forth, it is clear that violation of constitutional rights of an individual will lead to adverse effects that have implications to the final verdict that is given to the customer.

Therefore, a person violated of these rights should take their offenders to court and file case against them (Heinze, 2005). In my own opinion, any federal court that deals with such a case has the power to request and order any one person who violates the constitutional rights of a citizen to incur all damages and also make a ruling over the offender to pay fines to the individual who he/she has violated these rights against. My opinion is that the offender should pay all damage costs to the individual which should include; wasted time, ruined reputation, emotional and psychological tortured incurred as a result.

Reference

Heinze, E. (2005). The logic of constitutional rights: Burlington: Ashgate Publishing company.

Moore, D. W. (1998). Constitutional Rights and power of the people. New Jersey: Princeton University Press.

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