Unenumerated rights
Encyclopedia
Unenumerated rights are sometimes defined as legal rights inferred from other legal rights that are officiated in a retrievable form codified by law institutions, such as in written constitutions, but are not themselves expressly coded or "enumerated" among the explicit writ of the law. Alternative terminology sometimes used are: natural rights, background rights, and fundamental rights.
Unenumerated rights may alternatively refer to a situation when an individual or group of people delegate limited powers to a government. "If a line can be drawn between the powers granted and the rights retained, it would seem to be the same thing, whether the latter be secured by declaring that they shall not be abridged, or that the former shall not be extended."
Unenumerated rights will be actual rights insofar as they necessitate the systematization of positively enumerated rights anywhere laws would become logically incoherent, or could not be adhered to or maintained in the exclusion of those unenumerated items as rights. Examples of this include federal systems where constituent member constitutions have to be interpreted in relation to their membership in the federal whole, adjudicative of whether authority is rightfully devolved
or more rightly federative.
This term alternatively, is used loosely to mean any perceived rights, often considered peremptory or intuitively fiat (such as rights innate to each individual or inherent to mankind), that are without expression or instance of articulation & without consideration of the necessity to their existence extrapolated from the logical unity of other positive rights.
refers to and accounts for the recognition of unenumerated rights. The Supreme Court is often the main source of such rights, such as the right to bodily integrity, the right to marry and the right to earn a living, among others.
guarantees unenumerated freedoms and rights of the people that are not detrimental to social order or public welfare, now in effect in Taiwan Area.
to the U.S. Constitution
protects against federal infringement of unenumerated rights. The text reads:
has also interpreted the Fourteenth Amendment
to the U.S. Constitution
to protect against state infringement of certain unenumerated rights including, among others, the right to send one's children to private school
and the right to marital privacy.
Unenumerated rights may alternatively refer to a situation when an individual or group of people delegate limited powers to a government. "If a line can be drawn between the powers granted and the rights retained, it would seem to be the same thing, whether the latter be secured by declaring that they shall not be abridged, or that the former shall not be extended."
Unenumerated rights will be actual rights insofar as they necessitate the systematization of positively enumerated rights anywhere laws would become logically incoherent, or could not be adhered to or maintained in the exclusion of those unenumerated items as rights. Examples of this include federal systems where constituent member constitutions have to be interpreted in relation to their membership in the federal whole, adjudicative of whether authority is rightfully devolved
Devolution
Devolution is the statutory granting of powers from the central government of a sovereign state to government at a subnational level, such as a regional, local, or state level. Devolution can be mainly financial, e.g. giving areas a budget which was formerly administered by central government...
or more rightly federative.
This term alternatively, is used loosely to mean any perceived rights, often considered peremptory or intuitively fiat (such as rights innate to each individual or inherent to mankind), that are without expression or instance of articulation & without consideration of the necessity to their existence extrapolated from the logical unity of other positive rights.
In Ireland
Article 40.3 of the Irish constitutionConstitution of Ireland
The Constitution of Ireland is the fundamental law of the Irish state. The constitution falls broadly within the liberal democratic tradition. It establishes an independent state based on a system of representative democracy and guarantees certain fundamental rights, along with a popularly elected...
refers to and accounts for the recognition of unenumerated rights. The Supreme Court is often the main source of such rights, such as the right to bodily integrity, the right to marry and the right to earn a living, among others.
In the Republic of China
Article 22 of the Constitution of the Republic of ChinaConstitution of the Republic of China
The Constitution of the Republic of China is the fundamental law of the Republic of China . Drafted by the Kuomintang as part of its third stage of national development , it established a centralized Republic with five branches of government...
guarantees unenumerated freedoms and rights of the people that are not detrimental to social order or public welfare, now in effect in Taiwan Area.
In the United States
In the United States, the Ninth AmendmentNinth Amendment to the United States Constitution
The Ninth Amendment to the United States Constitution, which is part of the Bill of Rights, addresses rights of the people that are not specifically enumerated in the Constitution.-Text:-Adoption:When the U.S...
to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
protects against federal infringement of unenumerated rights. The text reads:
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.The Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
has also interpreted the Fourteenth Amendment
Fourteenth Amendment to the United States Constitution
The Fourteenth Amendment to the United States Constitution was adopted on July 9, 1868, as one of the Reconstruction Amendments.Its Citizenship Clause provides a broad definition of citizenship that overruled the Dred Scott v...
to the U.S. Constitution
United States Constitution
The Constitution of the United States is the supreme law of the United States of America. It is the framework for the organization of the United States government and for the relationship of the federal government with the states, citizens, and all people within the United States.The first three...
to protect against state infringement of certain unenumerated rights including, among others, the right to send one's children to private school
Pierce v. Society of Sisters
Pierce v. Society of Sisters of the Holy Names of Jesus and Mary, , was an early 20th century United States Supreme Court decision that significantly expanded coverage of the Due Process Clause in the Fourteenth Amendment to the United States Constitution. The case has been cited as a precedent in...
and the right to marital privacy.
Griswold v. Connecticut
Griswold v. Connecticut, , was a landmark case in which the Supreme Court of the United States ruled that the Constitution protected a right to privacy. The case involved a Connecticut law that prohibited the use of contraceptives...
See also
- Implied powersImplied powersImplied powers, in the United States, are those powers authorized by a legal document which, while not stated, seem to be implied by powers expressly stated...
- Letter and spirit of the lawLetter and spirit of the lawThe letter of the law versus the spirit of the law is an idiomatic antithesis. When one obeys the letter of the law but not the spirit, one is obeying the literal interpretation of the words of the law, but not the intent of those who wrote the law...
- Positive lawPositive lawPositive law is the term generally used to describe man-made laws which bestow specific privileges upon, or remove them from, an individual or group...
- Unspoken rule
- Natural rightsNatural rightsNatural and legal rights are two types of rights theoretically distinct according to philosophers and political scientists. Natural rights are rights not contingent upon the laws, customs, or beliefs of any particular culture or government, and therefore universal and inalienable...
- Substantive due processSubstantive due processSubstantive due process is one of the theories of law through which courts enforce limits on legislative and executive powers and authority...