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The Bill of Rights lists specifically enumerated rights. The Supreme Court has extended fundamental rights by recognizing several fundamental rights not specifically enumerated in the Constitution, including but not limited to: The right to interstate travel [15] The right to parent one's children [16] The right to privacy [17] The right to ...
Substantive due process is a principle in United States constitutional law that allows courts to establish and protect substantive laws and certain fundamental rights from government interference, even if they are unenumerated elsewhere in the U.S. Constitution.
Courts have viewed the due process clause, and sometimes other clauses of the Constitution, as embracing those fundamental rights that are "implicit in the concept of ordered liberty". [34] Just what those rights are is not always clear, nor is the Supreme Court's authority to enforce such unenumerated rights clear. [35]
when a fundamental constitutional right is infringed, [2] particularly those found in the Bill of Rights and those the court has deemed a fundamental right protected by the Due Process Clause or "liberty clause" of the 14th Amendment, or; when a government action applies to a "suspect classification", such as race or national origin.
In 1823, the circuit court in Corfield had provided a list of the rights (some fundamental, some not) which the clause could cover. [7] [8] The Wheeler court dramatically changed this. It was the first to locate the right to travel in the privileges and immunities clause, providing the right with a specific guarantee of constitutional ...
Thompson that a petitioner who failed to comply with a timeliness requirement in a state court could nevertheless plead their claims on the merits in federal court if the petitioner could show that "failure to consider the claims [would] result in a fundamental miscarriage of justice."
The fundamental rights enshrined in the Constitution shall not exclude any others set out in applicable international laws and legal rules. / 2. The constitutional and legal precepts concerning fundamental rights must be interpreted and completed in harmony with the Universal Declaration of Human Rights."
Virginia); for any discrimination in fundamental rights to be constitutional, the Court requires the legislation to pass strict scrutiny. Under this theory, equal protection jurisprudence has been applied to voting rights.