Publications and Research
Document Type
Article
Publication Date
2023
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.
Comments
This article was originally published in the British Journal of American Legal Studies, available at https://doi.org/10.2478/bjals-2023-0008
This work is published under a Creative Commons Attribution-NonCommercial-NoDerivs 3.0 Unported License.