court balance by michael deakin. assess the balance courts must maintain between individual rights...

Court Balance

By Michael Deakin

Assess the balance courts must maintain between individual rights and governmental interests

Gitmo (Guantanamo Baydetention camp)

Individual Rights

The United States is expected to uphold individual rights as defined in the Bill of Rights.There are two things the court is worried about: Civil liberties and Civil Rights. Civil liberties are defined as protections of the individual against the government. Civil rights are acts of the government that make constitutional guarantees a reality.

Government  Interests

Government interests are varied. They must protect their country (people and borders) and their economy. These sometimes may conflict with individual rights.

BalanceCourts (specifically, the Supreme Court) must maintain the balance between these two desires.  Often they are called upon when a citizen or group of citizens feel their rights are being infringed upon. When the courts hear a case, they must decide whether the government was following its own principles and determine which interest has the most weight. If it finds the government to be in the wrong, it can prevent it from doing such a thing again by ruling the action or law unconstitutional, which sets a precedent (standard) for future cases.