18 January 2012

Right

Right
- that which is due every member... by virtue of just claim, fair principle and legal guarantee. A right can only be lost through due process of law.


Just Claim - A right each individual has to petition the organization on that which is not clear by law (written or practiced); i.e., request chit, formal written request, etc.


Fair Principle - A right each individual has to expect equal treatment by virtue of what others receive (i.e., pay, grade, position, etc.)


Legal Guarantee – That which is written and affirmed by higher authority (i.e., laws, contracts, policies, directives, position, etc.). Legal guarantee must be afforded all personnel under the principle of fairness, if not they have a just claim to petition the system.


18.
a just claim or title, whether legal, prescriptive, or moral
: You have a right to say what you please.
19.
Sometimes, rights. that which is due to anyone by just claim, legal guarantees, moral principles, etc.: women's rights; Freedom of speech is a right of all Americans.

23.
Sometimes, rights. the interest or ownership a person, group, or business has in property: He has a 50-percent right in a silver mine. The author controls the screen rights for the book.


25.
Finance.
a.
the privilege, usually preemptive, that accrues to the owners of the stock of a corporation to subscribe to additional shares of stock or securities convertible into stock at an advantageous price.
b.
Often, rights. the privilege of subscribing to a specified amount of a stock or bond issue, or the document certifying this privilege.


Does due process include a popular vote?


We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed.


rights only for Americans or universal.
Constitutional rights, human rights, universal rights, civil rights.

It is important to note the difference between "civil rights" and "civil liberties." The legal area known as "civil rights" has traditionally revolved around the basic right to be free from unequal treatment based on certain protected characteristics (race, gender, disability, etc.) in settings such as employment and housing. "Civil liberties" concern basic rights and freedoms that are guaranteed -- either explicitly identified in the Bill of Rights and the Constitution, or interpreted through the years by courts and lawmakers. Civil liberties include:

* Freedom of speech
* The right to privacy
* The right to be free from unreasonable searches of your home
* The right to a fair court trial
* The right to marry
* The right to vote

One way to consider the difference between "civil rights" and "civil liberties" is to look at 1) what right is affected, and 2) whose right is affected. For example, as an employee, you do not have the legal right to a promotion, mainly because getting a promotion is not a guaranteed "civil liberty." But, as a female employee you do have the legal right to be free from discrimination in being considered for that promotion -- you cannot legally be denied the promotion based on your gender (or race, or disability, etc.). By choosing not to promote a female worker solely because of the employee's gender, the employer has committed a civil rights violation and has engaged in unlawful employment discrimination based on sex or gender.
Privilege
1.
a right, immunity, or benefit enjoyed only by a person beyond the advantages of most: the privileges of the very rich.
2.
a special right, immunity, or exemption granted to persons in authority or office to free them from certain obligations or liabilities: the privilege of a senator to speak in Congress without danger of a libel suit.
3.
a grant to an individual, corporation, etc., of a special right or immunity, under certain conditions.
4.
the principle or condition of enjoying special rights or immunities.
5.
any of the rights common to all citizens under a modern constitutional government: We enjoy the privileges of a free people.
6.
an advantage or source of pleasure granted to a person: It's my privilege to be here.


activist judges and the judicial process
the judicial process starts with the people
citizens have to initiate the process
judges just don't pick various laws and decide they are not worthy of following
though, in their rulings, they can go beyond the scope of the trial.

Here's an interesting article from Boston concerning the Rational Basis argument.
the same sex marriage argument that justice scalia fears. google it

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