Under what circumstances can the rights of the individual be restricted?

Answer Details

Although the fundamental rights of the individual are guaranteed by the constitution, they are not absolute. They may be lawfully restricted, curtailed or suspended under the following circumstances:

1. In the interest of public safety, order and morality: Rights such as freedom of assembly and movement may be restricted to prevent riots, disorder, or acts offensive to public decency and morality.
2. During a state of emergency, war or public danger: When the state faces war, invasion, natural disaster or grave internal crisis, certain rights may be suspended to enable the government maintain order and protect the nation.
3. In the interest of national security and defence: Rights may be limited where their exercise would endanger the security, sovereignty or territorial integrity of the state, for instance restrictions on the disclosure of official secrets.
4. To protect public health: Individual liberty and movement may be curtailed to check the outbreak or spread of epidemics and diseases, for example quarantine and isolation measures.
5. To protect the rights and freedoms of other persons: One person's rights end where another's begin, so freedom of speech, for instance, is limited by laws against defamation, sedition and incitement.
6. When a person breaks the law or is convicted by a court: A person's right to personal liberty is lawfully restricted when he is arrested, detained or imprisoned following a lawful trial and conviction.
7. Persons of unsound mind, minors and addicts: The rights of lunatics, infants and drug addicts may be restricted for their own good and for the protection of society.
8. In the interest of town planning and public utility: The right to property may be limited through lawful acquisition of land for public purposes, with compensation.