Unenumerated Rights in UK Law

Leading Cases
  • Matadeen v Pointu
    • Privy Council
    • 1998
    ... ... Mauritius - Constitution - Fundamental rights and freedoms - Complaint that amendment to school examination regulations ... to establish the relationship between the enumerated and the unenumerated grounds of non- discrimination. It would also avoid the establishment of ... ...
  • JR 27’s Application (No 2)
    • Queen's Bench Division (Northern Ireland)
    • 23 Diciembre 2010
    ... ... enclosed a copy of the decision of the European Court of Human Rights in S and Marper –v- The United Kingdom [Applications Nos. 30562/04 and ... Plaintiffs failed to establish a breach of either their “unenumerated” constitutional right to privacy or their rights under Article 8 ECHR ... ...
  • Upper Tribunal (Immigration and asylum chamber), 2021-08-25, PA/01403/2020
    • Upper Tribunal (Immigration and Asylum Chamber)
    ... ... rights exhausted on 24 September 2010 ... The appellant made further ... ... in his oral submissions. Although unenumerated, I will conveniently ... refer to these as Grounds 1-5 ... First, Mr ... ...
  • Wemyss' Trustees v Lord Advocate
    • Court of Session
    • 11 Diciembre 1896
    ... ... the proprietor after he came of age, while he was ignorant of his rights, did not infer homologation or adoption of the transaction, and that he ... , in law, conclusive evidence, of that right being one of the unenumerated particulars contained in the grant, and conveyed under the general title ... ...
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Legislation
  • Southampton Harbour Act 1887
    • UK Non-devolved
    • 1 de Enero de 1887
    ... ... or in progress and all contracts agreements Acts# obligations rights and remedies at the passing of this Act existing under the same shall be ... Spirits, unenumerated -Starch - Steel ... Stones, viz.: Block stones - Emery stones - - ... ...
  • Tees Conservancy Act 1878
    • UK Non-devolved
    • 1 de Enero de 1878
    ... ... Provisions of Act not to apply to Corporation Ferry. Saving rights of the Crown. The Commissioners may at any time sell (either by public ... - Books - - - - Bones and bone meal Box and bale goods, unenumerated Brushes - Brass or bronze -Baskets 37 BeadB - Bell metal - Bullion ... ...
  • Ouse (Lower) Improvement Act 1884
    • UK Non-devolved
    • 1 de Enero de 1884
    ... ... behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively. / Appropriation and disposal of ... (iron) pitch timber sand and stone per ton 0 0 1£ All other unenumerated articles - - - - per ton 0 0 2 The cargoes of river craft to be exempt ... ...
  • Aire and Calder and Diver Dun Navigation Junction Canal Act 1891
    • UK Non-devolved
    • 1 de Enero de 1891
    ... ... behalf shall extend and apply to such grants and to such easements rights and privileges as aforesaid respectively. For the pro- 10. Nothing in this ... and timber 0 I 0 6 For general merchandise and all other unenumerated articles ------ 0 H 0 6 Priutcd by EritE and Spot tiswoode, fob T-. Digbt ... ...
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Books & Journal Articles
  • Fundamental Rights in Early American Case Law: 1789-1859
    • No. 7-1, May 2018
    • British Journal of American Legal Studies
    • Nicholas P. Zinos
    • Independent Researcher
    • 137-167
    Fundamental Rights Law is a ubiquitous feature of modern American jurisprudence. Where did the term “Fundamental Rights” come from, and how was it applied in early American case law? This article o...
    ... ... 305, (1987); David ... Crump, How Do The Courts Really Discover Unenumerated Fundamental Rights? Cataloguing the Methods of Judicial Alchemy , 19 haRV..J.l. & pub. pol’y 795 (1996). More plentiful are studies dedicated to ... ...
  • Legal Responses to Racism: Innovation and Retrenchment in Ireland
    • No. 6-3, March 2005
    • International Journal of Discrimination and the Law
    Following decades in which the absence of immigration allowed Governments to claim there was no problem of racism in Ireland, the 1990s saw Ireland adopt new equality measures to combat racism. Whi...
    ... ... equal and effective enjoyment of • Civil and political rights, including participation • Social and economic well being • ... The courts have held that 'unenumerated' rights are protected by the Constitution - rights which are not ... ...
  • Ireland: Curtailment of the right to silence through statutory adverse inferences
    • No. 12-3, September 2021
    • New Journal of European Criminal Law
    In Ireland, the right to silence has been significantly impacted by the legislative introduction of adverse inference provisions. In specified circumstances, with varying threshold requirements, a ...
    ... ... during Garda interview; and relevant European Court of Human Rights jurisprudence. While there are some bene fi ts to overt legislation and ... to the criminal proces s, and the so-called Doctrine of Unenumerated Rights, which emerged in the mid-1960s, has allowed for the judicial ‘ ... ...
  • In Defence of Constitutional Law
    • No. 81-1, January 2018
    • The Modern Law Review
    ... ... its functions, will always be the least dangerous to the political rights of the Constitution. 1 It is the least dangerous because it is the branch ... and the similar distinction between ‘enumerated’ and ‘unenumeratedrights in the Constitution. 50 For Dworkin all meaning is the result ... ...
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