What is the basis of the right to liberty and security of person?

Prepare for your OCR A-Level Law Exam. Practice with flashcards and multiple choice questions, each question includes hints and explanations. Get exam-ready!

The right to liberty and security of person fundamentally protects individuals from arbitrary interference with their personal freedom. This means that no one, including the state or other individuals, can unreasonably restrict or control a person's freedom without just cause. The essence of this right is to ensure that any deprivation of liberty, such as arrest or detention, must be lawful and based on transparent legal grounds, typically requiring a fair process.

This principle is vital in a democratic society, where the presumption of freedom is strong, and any limitations must be clearly justified, ensuring that individuals are protected from misuse of power by the state or other entities. The provision aims to uphold human dignity and ensure that personal freedom is respected, except in specific and lawful circumstances.

In contrast, the other responses do not adequately reflect the principle underlying the right to liberty and security. While the second statement might suggest absolute freedom, rights are often subject to limitations that are justified by law. The third choice suggests that government actions can override rights at any time, which contradicts the necessary legal framework required for such actions. Lastly, the fourth option is overly restrictive; while judicial authority does play a crucial role in assessing and justifying interferences with rights, it is not the sole entity involved in ensuring protection

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