Open Access

Lear's Daughters? Unenumerated Fundamental Rights and the Constitution

   | Sep 30, 2023

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How to determine whether fundamental unenumerated constitutional rights exist, and if so, what they are? The questions are of obvious enormous importance—witness the current controversy over abortion—and yet courts have generally been content to address the issues superficially, sometimes, cavalierly. Their treatment of the most common rationale, an historical/traditional consensus, exemplifies this shallow approach. The underdeveloped character of the argumentation on this topic stubbornly remains one of the most glaring shortfalls of modern constitutional law.

eISSN:
2719-5864
Language:
English
Publication timeframe:
2 times per year
Journal Subjects:
Law, History, Philosophy and Sociology of Law, International Law, Foreign Law, Comparative Law, other, Public Law