DOI: https://doi.org/10.36719/2789-6919/46/103-108
Zakiyya Huseynova
The Academy of Public Administration under
the President of the Republic of Azerbaijan
Master student
https://orcid.org/0009-0002-1928-0869
zakiyyahuseynova551@gmail.com
Right to Freedom: Constitution and Legal Aspects
Abstract
This article examines the legal nature and scope of the right to freedom as one of the foundational institutions of democratic states. The aim of the study is to analyze the conceptual and normative foundations of this right, including its philosophical background, international legal standards, constitutional guarantees and the legal criteria for its restriction. Scientific novelty lies in the comprehensive approach to the right to freedom as a dynamic legal category, encompassing both negative and positive dimensions. Particular attention is paid to freedom of expression, movement, conscience, and assembly, as well as the relationship between freedom and public security, and the legal possibility of voluntary renunciation of certain freedoms. Scientific result: Modern legal systems understand freedom not as an absolute, but as a value realized through a balance between personal autonomy and public interests. The study identifies three key criteria for lawful restriction: legality, necessity, and proportionality. Practical significance: The article's findings may be used in legislative development, judicial practice, analysis of human rights mechanisms and in teaching constitutional and international law in pluralistic societies.
Keywords: law, constitution, personality, freedom, international law