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Mar 26, 2019 · The reality is that much of constitutional law is both invisible and unwritten. The question, therefore, is since text plays only a negligible role in constitutional interpretation, should the Justices simply throw up their hands when asked to identify unenumerated fundamental rights?
ANNOTATION - A case summary or commentary on the law cases, statutes, and rules illustrating its interpretation. ANNUAL REVIEW - Yearly judicial review, usually in juvenile dependency cases, to determine whether the child requires continued court supervision or placement.
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Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly stated or "enumerated" in law.
Canadian constitutional law is somewhat less transparent. The Supreme Court of Canada has rejected the American dichotomy of substantive and procedural due process.
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The Ninth Amendment provides that the enumeration of certain rights in the Constitution should not be construed to mean that the Constitution does not protect rights that are not enumerated.
Unenumerated rights, however, are not named, and no affirmative power has been delegated to regulate or abridge them. Without doubt, the Ninth Amendment and its problem of identifying unenumerated rights continue to bedevil interpreters, on and off the bench.
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There are two meanings listed in OED's entry for the adjective unnumbered. See ‘Meaning & use’ for definitions, usage, and quotation evidence.
