Question 4 of 4intermediate🔧 ApplyLong Answer6 marks

Rights place some limits on the authority of the state. Explain with examples.

Correct Answer

Rights act as a check on the arbitrary power of the state and ensure that authority is exercised within defined limits. They protect the sanctity of individual life and liberty by placing constraints on state actions.

Firstly, rights indicate what the state must refrain from doing. For example, the right to liberty means that the state cannot simply arrest a person at its own will. If the state wishes to curtail someone's liberty, it must defend that action and give reasons before a judicial court. The police are required to produce an arrest warrant before taking someone away. This prevents arbitrary exercise of power.

Secondly, even when rights are curtailed, certain safeguards must be followed. Arrested persons must be allowed legal counsel and the opportunity to present their case before a magistrate or court of law. We must be cautious about giving governments powers that could be misused, as governments can become authoritarian.

Thirdly, rights also place obligations upon the state to act in certain ways. The right to life obliges the state to make laws that protect individuals from injury by others and to punish those who harm others. If society believes the right to life includes a right to a good quality of life, the state must pursue policies that provide for a clean environment and other conditions necessary for a healthy life.

In essence, the sovereign state exists not for its own sake but for the sake of the individual. Rights ensure that the rulers are accountable for their actions and that laws exist to ensure the good of the people.

Exercise: EXERCISES | Q: 5 | (Page 12)
For More Understanding

Explanation

This answer draws directly from the textbook context which explains how rights constrain state authority. The key points covered are: (1) rights limit what the state cannot do - example of right to liberty and arrest warrant requirement, (2) procedural safeguards for arrested persons including legal counsel, (3) rights also create positive obligations on the state - example of right to life, and (4) the philosophical basis that the state exists for the well-being of individuals. The answer uses specific examples from the context like arrest warrant, legal counsel, and clean environment to illustrate the concept.