Why do many modern constitutions include guarantees of individual rights?
Modern constitutions include guarantees of individual rights primarily to prevent arbitrary government and to protect citizens from the potential for "majority tyranny". By enshrining these rights in a "higher law," constitutions establish clear limits on the powers of the state, ensuring that governments cannot infringe upon fundamental freedoms.123
The inclusion of these rights is rooted in the doctrine of natural rights, which posits that every human being possesses inherent rights—such as freedom of conscience, expression, and property—that exist independently of government. To safeguard these, modern constitutionalism employs several mechanisms:3
- Separation of Powers: Dividing governmental functions into legislative, executive, and judicial branches to prevent the concentration of power.32
- Judicial Protection: Empowering an independent judiciary to enforce these rights and declare laws that violate them unconstitutional.312
- Entrenchment: Giving these rights a higher legal status that cannot be easily altered by ordinary legislation.3
Ultimately, because democracy is a system of rights as well as "rule by the people," a government that infringes upon these fundamental protections is considered undemocratic.2