Unenumerated Rights in UK Law

  • 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
    • 0000
    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...
    ... ... should have equal and effective enjoyment of Civil and political rights, including participation Social and economic well being Cultural rights ... The courts have held that 'unenumerated' rights are protected by the Constitution -rights which are not mentioned ... ...
  • 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 ... ...
  • Terra incognita: Victim Participation Rights, Sexual Offending and Brexit
    • No. 13-4, December 2022
    • New Journal of European Criminal Law
    ... ... The rights protected by the Constitution are not limited to those expressly mentioned. The Irish Courts,by means of the unenumerated rights doctrine in Article 40.3 1° have developed a number of additional personal rightsbeginning with the case of Ryan v Attorney General [1965] IR ... ...
  • The Europeanization of Human Rights
    • No. 4-4, October 2007
    • European Journal of Criminology
    • 0000
    There is a widespread conviction that contemporary criminal justice developments can best be analysed in terms of their capacity to reassure an anxious public rather than to reduce crime in any str...
    ... ... conversation(McCrudden 2000) as ECHR jurisprudence is subsumed into domestic con-stitutional law by helping to flesh out some of the unenumerated rights of theIrish Constitution (Hogan 2004). This will be a selective process because theIrish Constitution guarantees superior levels of protection ... ...
  • Crime control, the security state and constitutional justice in Ireland
    • No. 20-4, October 2016
    • International Journal of Evidence & Proof, The
    • 0000
    It is clear that Ireland has witnessed evidence of a ‘tooling up’ of the state in the fight against crime over the last two decades. Crime control analyses—often relying upon the use of stark juxta...
    ... ... to properly account for particular legal liberal properties such as rights as trumps,deontological reasoning, fidelity to precedent, the coordinated ... Theycan identify unenumerated rights, expand existing rights to incorporate unforeseen issues, ... ...
  • Right to Life of the Unborn v Promotion of Trade in Services: The European Court of Justice and the Normative Shaping of the European Union
    • No. 55-5, September 1992
    • The Modern Law Review
    ... ... , evolved certain legal techniques applicable to human rights which will point the Community in new normative directions. These ... in national criminal legislation and enumerated and unenumerated constitutional rights, and despite the Court’s own engagement in ... ...
  • Ireland: Curtailment of the right to silence through statutory adverse inferences
    • No. 12-3, September 2021
    • New Journal of European Criminal Law
    • 0000
    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 ...
    ... ... both the Irish Con-stitution and the European Convention on Human Rights (ECHR), many legislative incursions onthe right now exist. These primarily ... to the criminal proces s, andthe so-called Doctrine of Unenumerated Rights, which emerged in the mid-1960s, has allowed forthe judicial ... ...
  • Terra incognita: Victim Participation Rights, Sexual Offending and Brexit
    • No. 13-4, December 2022
    • New Journal of European Criminal Law
    • 0000
    ... ... The rights protected by the Constitution are not limited to those expressly mentioned. The Irish Courts,by means of the unenumerated rights doctrine in Article 40.3 1 have developed a number of additional personal rightsbeginning with the case of Ryan v Attorney General [1965] IR ... ...
  • Developing Regional Abortion Jurisprudence: Comparative Lessons for African Charter Organs
    • No. 31-1, March 2013
    • Netherlands Quarterly of Human Rights
    • 0000
    This article is constructed around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lessons for African Charter organ...
    ... ... around an appraisal of the decision of the European Court of Human Rights in A, B and C v. Ireland. It seeks to extrapolate comparative lesson s for ... be implicitly construed as supporting abortion rights as unenumerated funda mental rights.70 Among such provisions of the Af rican Charter are ... ...
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