If a court gives a broader meaning to an old Fundamental Right in a new social context, what process does it show?
Answer and explanation
Correct answer: Constitutional expansion of the scope of rights
The governing concept is evolutionary constitutional interpretation. A court may apply an existing Fundamental Right to circumstances that were not specifically imagined when the constitutional text was framed, provided that the interpretation remains connected to the text, structure and values of the Constitution. Giving an old right a broader, rights-protective meaning in a new social context therefore demonstrates expansion of the scope of rights, making option A correct. Option B is the opposite of expansion. Option C is wrong because the court is engaging with rights, not abandoning them. Option D wrongly treats the Constitution as dead history rather than a continuing legal framework.
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What is the correct answer to this question?
Constitutional expansion of the scope of rights
Why is this the correct answer?
The governing concept is evolutionary constitutional interpretation. A court may apply an existing Fundamental Right to circumstances that were not specifically imagined when the constitutional text was framed, provided that the interpretation remains connected to the text, structure and values of the Constitution. Giving an old right a broader, rights-protective meaning in a new social context therefore demonstrates expansion of the scope of rights, making option A correct. Option B is the opposite of expansion. Option C is wrong because the court is engaging with rights, not abandoning them. Option D wrongly treats the Constitution as dead history rather than a continuing legal framework.
Which subject and chapter does this question cover?
This is a Class 9 Civics question. Chapter: Democratic Rights. Topic: Right to Constitutional RemediesExpanding scope of rights.
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