ENSURING THE RIGHTS AND LIBERTIES OF THE PEOPLE IN A LIBERAL DEMOCRATIC STATE

Abstract

Principles of rights and liberties are the foundational principles of democratic regime. And it is in conjunction with the creation of the Constitution of the States, Especially in Liberal democratic state. The word “right” refers to power of a person who is legality guaranteed to act freely. As for the word “freedom” means the ability of person in such circumstance to do any act whatever he wishes. Ensuring the rights and liberties of people in liberal democratic state like the United Kingdom, which upholds the rule of law, considers the Court quarantees of the rights and liberties of people. And the rights and liberties of the people stem from the principles of private law not from the Constitution. But in a liberal democratic state that upholds the legal state, people’s rights and liberties quaranteed by the Constitution, as in the Republic of France, Federal Republic of Germany, which are held to hold that the Constitution has the intention to protect the right and liberties of the people. The Constitution quarantees and protects the rights and liberties of the people in the Constitution for two purposes: 1. This allow people know what rights and liberties that the Constitution quarantees and protects them. 2. This made legislative and executive branches be careful not to take any action that would prejudice the rights and liberties of people in a liberal Democratic State in the world wild protected by the Constitution. This article focuses on the general principles of the Constitution that quarantee the right and liberties of the people in a liberal democratic state. The author found that the quarantees of rights and liberties of the people of a liberal democratic state has established of the rights and liberties of people consisting of four principle as follows: 1) principle of equality 2) principle of proportion 3) principle of legal security and 4) legal principles has no retroactive effect, which are the author has written in detail.