BILL OF RIGHTS AND FUNDAMENTAL POWERS

 The Bill of Rights is a “charter of liberties for the individual and a limitation upon the power of the
state.” The purpose is to protect the people against arbitrary and discriminatory use of political
power. “
 FUNDAMENTAL POWERS
- They are inborn in the very fact of statehood and sovereignty. They are necessary and
indispensable as there can be no effective government without them.
- These powers are inherent and do not need to be expressly conferred by
constitutional provision on the State.
- Methods by which the State interferes with private rights.
- They all presuppose an equivalent compensation for the private rights interfered
with.
- They are supposed to co- exist with the State.
- All exercised primarily by the national legislature.
 LIMITATIONS
-The presumption in libertarian societies is in favour of private rights and against attempts
on the part of the State to interfere with them.
-Constitutional provisions for the security of persons and property should be liberally
construed.
 POLICE POWER


Police Power Eminent Domain Taxation

Maintenance of a healthy Just compensation for the Form of protection and
economic standard of property taken benefits from the
society government
Regulates both liberty and Affects only property Affects only property
property rights rights
May be exercised only by May be delegated to May be exercised only by
the government some other entities in the the government
private sector
Property taken is Property taken is meant Property taken is meant
destroyed for public use or purpose for public use or purpose
Compensation not Receipt of market value of Immediate and apparent
immediate; sometimes his property that is taken in the form of protection
leaving the reward to be and benefits derived
reaped through his from the use of taxes
recognition that he has paid
done something for the
public good