Various Assignments Essay Example | Topics and Well Written Essays - 1500 words

Various Assignments - Essay ExampleIn this regard, the procedural faithfulness provided for in the crest of Rights is arguably its most important value. Procedural p completelyidity is important because it preserves unto the individual the duty to freely participate in political and economic life (Nueborne, p. 83). Moreover, procedural fairness counter-balances the fact that the freedoms and rights contained in the Bill of Rights argon not absolute. In other words, there are exceptions to the right to free reflection in that the government may curtail freedom of expression in situations where the speaker utters words that butt end be construed as hate crime or incitement to riot. Thus procedural fairness permits the speaker the right to a fair trial and the right to confront his or her accusers and to defend his or her right to free speech. Procedural fairness recognizes that any government can overstep its power to the detriment of the governed (Nueborne, p. 83). With entitlem ents to the right to privacy, protection of private property, the right to a fair trial, the right to bail, and so on, the Bill of Rights plays a supervisory persona in the constitutional order. ... Institutional enforcement mechanisms are captured by procedural fairness by allowing for judicial review of the exercise of powers by the federal government, state governments and their agents. withal at the state level, state and state agents conduct is scrutinized by state judges by reference to the rights and freedoms contained in the Bill of Rights. Thus, as Nueborne puts it, procedural fairness establishes a nationwide network that are engaged in constant surveillance of the activities of the governing majority so that the rights and freedoms articulated by the Bill of Rights are respected in everyday life (Nueborne, p. 84). Procedural fairness is all the more important since the rights and freedoms contained in the Bill of Rights are not expressed in uncertain terms. Many of thes e rights and freedoms are ambiguous so that they can be open to interpretation (Nueborne, p. 84). Procedural fairness curtails the risk of inconsistent interpretations of the rule of jurisprudence in relation to the individual rights and freedoms contained in the Bill of Rights. In promoting procedural fairness judges interpret and apply the Bill of Rights by reference to a system of precedents and thus assures consistency and greater uniformity of rights and freedoms for all (Nueborne, p. 85). In the final analysis procedural fairness ensures that in addition to ensuring that the government treats all individuals equally, procedural fairness also ensures that the government exercise its powers fairly and consistently and that any departure from the fundamental freedoms and rights contained in the Bill of Rights is done so in a way that is only necessary