Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right?
What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right?
Culture and Politics
Is this right interpreted and exercised in different ways in different countries? Focus on particular countries in which the right is interpreted distinctively
Is this right exercised in different ways depending on the political governance regime in place (democracy, autocracy, hybrid regime)?
Is there general and widespread belief that this right is a fundamental right that should generally be protected (and that exceptions should be rare)?
Does public polling reveal insights about the right as experienced in different countries?
Conflicts with other Rights
Are there other specific fundamental rights that tend to conflict with this right? Can you identify specific examples of this?
Are there other specific rights that are critical to the exercise of this right? Can you identify specific examples of this?
Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights?
What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all?
How does federalism change, if at all, the exercise or application of this right? What examples of this can one point to?
Limitations / Restrictions
What are the typical exceptions or limitations placed on this right?
Under American jurisprudence, what permissible exceptions exist?
Under international human rights laws, what permissible exceptions (often called derogations) exist?
Have political theorists or philosophers discussed the permissibility of exceptions to this right?
Should this right be limited when limiting it would jeopardize democratic norms?
Is this right often perceived as threatening to government authorities?
Is this right often curtailed by government authorities for reasons other than those which are generally viewed as permissible?
Is this right at times curtailed by private actors?
Is this right subject to specific limitations in event of emergency (war, brief natural disaster [weather, earthquake], long-run natural disaster [volcano, fire, disease])? Can such limitations be defined in advance with reference to the disaster in question?
Utilitarian / Fairness Assessments
Is there a cost attached to protecting and enforcing this right? What kinds of costs are implicated?
Short-term economic cost in general
Long-term economic cost in general
Cost to those least able to economically absorb the cost
Cost to perceived democratic legitimacy
Cost to consistency or coherence of the law as a whole
Cost to the legitimacy or effectiveness of other rights
Cost to considerations of social equality
Cost to other non-material goods not so far specified
What are the financial consequences, if any, of making this right a legally protectable right?
Are there any groups that are uniquely disadvantaged by the exercise of this right?
Are there any groups that uniquely benefit from the exercise of this right?
Are there instances when this fundamental right can lead to unfairness or inequities?
Are there objective ways to measure the utilitarian nature of this right?
If so, where can one draw the line: when does this right stop being useful or economically viable?
Looking Ahead
How can we expect this right to change and evolve in the years ahead?
How is the future likely to shape the exercise of this right?
Will the exercise or protection of this right be affected by technological changes?
Under what conditions would this right become irrelevant?
Are questions of fairness and utility pertaining to this right likely to change in the years ahead?
Policy Recommendations
Can the practice or exercise of this right be shaped through executive action?
In the US context, are there particular parties with a stake or interest in amending or reconceptualizing this right?
In the US context, can this right be altered legislatively, or would it require a constitutional amendment?
Is this right best addressed at the national level? The sub-national level? The international level?
To what extent is this right shaped primarily by judicial decisions?
If this right is best addressed through the amendment process, how should it proceed?
If this right were unlimited, what might be the consequences (positive and negative)?
If this right were eliminated, what might be the consequences (positive and negative)?