<abstract xmlns="http://www.w3.org/1999/xhtml">

<p>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.</p>
</abstract>

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.

Lear's Daughters? Unenumerated Fundamental Rights and the Constitution

British Journal of American Legal Studies

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

{"article-title":"Lear's Daughters? Unenumerated Fundamental Rights and the Constitution"}

How to determine whether fundamental unenumerated constitutional rights exist, and if so, what they are? The questions are of obvious enormous...

Lear's Daughters? Unenumerated Fundamental Rights and the Constitution

Published Online: Sep 30, 2023

Page range: 199 - 236

DOI: https://doi.org/10.2478/bjals-2023-0008

Keywords
unenumerated fundamental constitutional rights, tradition, due process, Bill of Rights

© 2024 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Lear's Daughters? Unenumerated Fundamental Rights and the Constitution

Published Online: Sep 30, 2023

Page range: 199 - 236

DOI: https://doi.org/10.2478/bjals-2023-0008

Keywordsunenumerated fundamental constitutional rights, tradition, due process, Bill of Rights

© 2024 Thomas Halper, published by Sciendo

This work is licensed under the Creative Commons Attribution-NonCommercial-NoDerivatives 3.0 License.

Keywords
unenumerated fundamental constitutional rights, tradition, due process, Bill of Rights