Within certain bounds individual moral agents must be given room to act out their own lives, to achieve a degree of self-fulfillment. If non-conformity is the price to pay then it is hardly a loss. Non-conformity is a dynamic force. It may be easier to administer a timid and conformist nation but those stultifying tendencies are not characteristics we should stressing and developing. The theoretical justification of the welfare state is often given as being the provisions for all the means to be free.
Positive freedom is to be the hallmark of the intrusive state.
Some space must be preserved in which individuals may make their own choices. To that end limits on the power of the collective must be imposed. Discretion must be structured. Previously we noted that mere power of entry to property with no sanction attached to refusal of entry by the occupier was what many statures prescribed. Indeed, ideally we wish that these kinds of officials be required to tell people of a right to refuse consent at the time they requested permission to enter and inspect.