19. The provisions of the constitutions of various countries to sanction the abuse of liberty to attack freedom and democracy
“One of the norms of abuse of liberty”:
General restrictions on liberty:
(1) Shall not interfere with the rights and freedoms of others.
(2) The ecological sustainable balance and utilization shall not be hindered.
(3) Shall not interfere with social justice.
(4) Shall not interfere with the liberal democratic constitutional order.
The basic restrictions on the right to liberty in the constitutions of various countries are as follows:
The provisions of the constitutions of various countries to sanction the abuse of liberty to attack freedom and democracy |
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Basic Law for the Federal Republic of Germany §18 | Whoever abuses the freedom of expression, in particular the freedom of the press…, the rights of property (§14) or the right of asylum (§16a) in order to combat the free democratic basic order shall forfeit these basic rights. |
New Zealand Constitution (New Zealand Bill of Rights Act 1990 §5) | Justified limitations Subject to section 4, the rights and freedoms contained in this Bill of Rights may be subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. |
Constitution of Canada §1 | The Canadian Charter of Rights and Freedoms guarantees the rights and freedoms set out in it subject only to such reasonable limits prescribed by law as can be demonstrably justified in a free and democratic society. |
The Constitutional Act of Denmark §34 | The rights of the Parliament shall be inviolable. Any person who infringes its security or freedom, or any person who issues or obeys any command aimed thereat, shall be deemed guilty of high treason. |
Constitution of Ireland §40.3.2 | The State shall, in particular, by its laws protect as best it may from unjust attack and, in the case of injustice done, vindicate the life, person, good name, and property rights of every citizen. |
Bill of Rights 1688-UK | And they do claim, demand and insist upon all and singular the premises as their undoubted rights and liberties, and that no declarations, judgments, doings or proceedings to the prejudice of the people in any of the said premises ought in any wise to be drawn hereafter into consequence or example. |
The Instrument of Government of Sweden §21 | The restrictions referred to §20 may only be imposed to satisfy purposes acceptable in a democratic society. The restriction may never go beyond what is necessary with regard to the purposes for which it was imposed, nor may it extend so far that it represents a threat to the free shaping of opinion as one of the foundations of democracy. |
Constitution of the Portuguese Republic §19.2 | A state of siege or a state of emergency may only be declared in part or all of Portuguese territory in cases of actual or imminent aggression by foreign forces, a serious threat to or disturbance of democratic constitutional order, or public disaster. |
Constitution of the Portuguese Republic §202.2 | In administering justice the courts are responsible for ensuring the defense of those citizens’ rights and interests that are protected by law, repressing breaches of democratic legality and deciding conflicts between interests, public and private. |
The Constitution of the Republic of Poland §31.3 | Any limitation upon the exercise of constitutional freedoms and rights may be imposed only by statute, and only when necessary in a democratic state for the protection of its security or public order, or to protect the natural environment, health or public morals, or the freedoms and rights of other persons. Such limitations shall not violate the essence of freedoms and rights. |
The Political Constitution of the Republic of Chile of 1980 §19.15 | The Constitution guarantees political pluralism. Parties, movements or other forms of organization whose objectives, actions or conduct do not respect the basic principles of democratic and constitutional rule, who seek to establish a totalitarian system, as well as those which use violence, advocate or incite it as a method of political action, are unconstitutional. It will correspond to the Constitutional Court to declare this unconstitutionality. |
Made by PPP. https://www.lawlove.org/en/ |