rights and privileges as parts of states’ constitutions
In most democracies around the globe, rights and privileges are parts of states’ constitutions. People understand the “literal meanings” of both terms, but sometimes confusion arises between their concepts, especially when individuals want to enjoy the same privileges as rights. Privileges are particular entitlement to immunity extended for specific or restricted groups granted by the State or relevant authority under a conditional basis (Van & William, 2010). Privileges are related to, but different from, immunities (Bogen, 2003). It can be considered to be an exemption from a particular legal duty or restraint, as the obligation to testify in Courts. As a result, Congressional members are privileged from being arrested. They are also immune from testifying or answering in other places for their debate or speech. How the term “privilege” is applied in the Constitution suggests that it is a form of right distinguished not by conditionability or revocability, but by the fact that it may not be asserted until the relevant authority take action against it (Bogen, 2003). A privilege provided by the Constitution is defensive.
On the other hand, rights are inherent, irrevocable entitlement granted to all citizens of the State and articulated in the Constitution, which an individual can assert affirmatively, and in most cases, governments or authorities are precluded from invading (Van & William, 2010). Some of the rights provided by the Constitution include the right to religion, freedom of speech, right to own and bear arms, among others (Van & William, 2010). Rights are naturally available to individuals by virtue of being citizens of a particular country or as a member of a specific society. They are fundamental and inalienable (Van & William, 2010).
Although an individual may defend a privilege extended by the Constitution and assert it as of “right,” I think different legal standards should apply for rights and privileges. The authority responsible for conferring the special privilege may revoke it at the pleasure of the grantor, but the power to revoke peoples’ rights should not apply in the same way. Privileges are exclusive rights granted by authority to only restricted, few people or groups (Bogen, 2003). However, rights are available to all citizens, even those with privileges. As a result, it is not possible to apply similar legal standards for privileges and rights.
Reference
Bogen, D. S. (2003). Privileges and immunities: A reference guide to the United States Constitution. Westport, Conn: Praeger.
Van A. & William, W. (2010). The Demise of the Right–Privilege Distinction in Constitutional Law. Harvard Law Review, 81(16): 1439.