First time Quote by Justice Asok Kumar Ganguly
““it was not until 1937 that Justice Curdozo of the US Supreme Court formulated for the first time the concept of fundamental rights as a doctrine in Palko v. Connecticut and held that some rights are fundamental as they ‘represent the very essence of a scheme of ordered liberty… principles of justice so rooted in the traditions and conscience of our people as to be marked as fundamental’.””
About This Quote
Source Case: Palko v. Connecticut, 1937, US Supreme Court decision
The Court defined fundamental rights as those essential to the structure of liberty and justice, rooted in tradition and collective conscience.
In simple terms: Fundamental rights are core to liberty and justice.
Recognize and protect core liberties.
Themes
Mood
Type
When to use this quote
- legal education
- policy making
- civil rights advocacy
- court arguments
Key Concepts
Questions to Reflect On
- Which rights should be considered fundamental today?
- How do societal values shape this definition?
The definition can be contested and varies across cultures and eras.