Protection Of Life & Liberty
The phrase “deprived of life and liberty to save” means that no person shall be arbitrarily . It also means unjustly deprived of his life or personal liberty except within the limits of law. It emphasizes that state’s power to restrict life or liberty must be exercise lawfully in accordance with due process. “Deprived of life” refers to the intentional taking of someone’s life. While “deprived of liberty” refers to the unjust limitation or denial of personal liberty.
The term “liberty” imposes a restriction and emphasizes that such deprivation can only occur if it is legally justified. For example through statutory penalties or restrictions permitted by the established legal framework. This principle serves as a safeguard against arbitrary state action, ensuring the protection. It also respect of individuals’ rights to life and personal liberty. While recognizing that circumstances may arise where the lawful deprivation of these rights is necessary by law.
Factors Involves in Protection & Liberty
The factor that involves in protection & Liberty are as follow
Protection of life
This principle recognizes the inherent value and sanctity of human life. It states that the state cannot arbitrarily take a person’s life without proper legal justification. It serves as a protection against extrajudicial executions, mass executions or any action that doesn’t respect the right to life. The state is oblige to respect and protect the life of every individual within its jurisdiction.
Protection of freedom
The principle also guarantees the protection of personal freedom. It ensures that individuals cannot be deprive of their liberty, for example by arbitrary arrest, detention or imprisonment. Any restriction of personal freedom must be lawful and follow established legal procedures. This principle upholds right of individuals to move freely, to be free from unlawful detention. Also To enjoy personal liberties without undue interference by the state.
Primacy of law
The phrase “by law” emphasizes supremacy of rule of law & requirement of legal justification for any deprivation of life. It emphasizes that the actions of the state must be based on laws enacted by legitimate authority and must be by constitutional provisions and human rights standards. The principle prevents abuse of power by ensuring that state action is bound by the constraints of law.
The principle of “due process” includes the concept of due process, which guarantees fair and just procedures. It means that any deprivation of life or liberty must follow establish legal processes, such as the right to be inform of charges, the right to legal representation, the right to present evidence and witnesses, and the right to a fair trial. Due process ensures that individual protect from arbitrary or unjust state action.
Balancing individual rights and the public interest:
While this principle promotes the protection of individual life and liberty, it also recognizes that there may be circumstances in which the lawful deprivation of life or liberty is necessary in the interests of public safety, security, or other legitimate objectives. Even in such cases, however, the state must act within the limits of the law and ensure that the measures taken are adequate, necessary and respect human rights.
Introduction To Article 9
Article 9 define as “ No Person shall be deprived Of Life Or Liberty Save In Accordance With Law”
It states that no person shall be deprived of his life or personal liberty absent due process of law. This article emphasizes the need for fair treatment and ensures that any deprivation of life or liberty must follow established laws and procedures. The phrase “save in accordance with law” emphasizes that government actions must be lawful and within the limits set by law. This article serves as a safeguard against unjust or illegal state action and emphasizes the importance of respecting people’s rights and freedoms under the law.
Application Of Article 9 In Pakistan
This law, as stated in Article 9 of the Constitution of Pakistan, applies in various situations where the life or personal liberty of an individual is at stake. It takes effect to ensure that no one is unjustly deprive of his life or liberty. It is applies, for example, in the determination of punishments for criminal offences, ensuring that the punishment is in accordance with the law and does not violate the rights of the individual. Law also applies in cases of arrest and detention, ensuring that the process is lawful and that individuals are informe of the reasons for their arrest and give a fair opportunity to defend themselves. Overall, this law is apply to protect people’s rights. It also ensure that any deprivation of life or liberty is done in a lawful and just manner.
Best Law Firm For Protecting Life & Liberty
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