Absolute, Limited & Qualified Rights

Not all rights are written in the same way. The Bill of Rights uses these terms in defining them.

Absolute rights. These rights cannot be limited in any way. They can not be reduced or amended. Examples include the right to protection from slavery or torture.
Limited Rights. These rights come with exceptions. An example is the right to liberty, which can be lawfully restricted. Lawful arrest is an example of a limited right.
Qualified Rights. Government interference with these rights is allowed in special circumstances, and only when necessary in a democratic society. The interference must fulfill a pressing social need; pursue a legitimate aim; and be proportionate to the aims being pursued. An example is government restrictions on the right to assembly and association, in order to calm a riot.

Last Updated: 2010-08-16