LIBERTY OF ABODE AND TRAVEL



Purpose: to further emphasize the individual’s liberty as safeguarded in general terms by the due process clause

Includes:

·         The right to choose one’s residence

·         To leave it whenever he pleases

·         To travel where he wills

LIMITATIONS:

·         The liberty of abode can be limited upon lawful order of the court

·         The right to travel by the requirements of national security, public safety or public health as may be provided by law

Examples:

Ø  A person facing criminal charges may be restrained by the court from leaving the country or, if abroad, compelled to return

Ø  A lessee may be judicially ejected for violation of his contractual duties

Ø  A judge may prevent a person from entering certain premises under dispute or declared off-limits by proper authorities

Ø  Health officers may restrict access to contaminated areas and also quarantine those already exposed to the disease sought to be contained

Ø  When there is threat of volcanic eruption, residents in the affected area may be forced to evacuate and prevented from returning until the danger is over

·         Provisions of law limiting the enjoyment of liberty should be strictly construed against the government and in favor of the individual


  

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