Substantive rights have a core that can be meaningfully interpreted and protected; they can exist independently of a particular government or a particular legal system. Procedural rights lack such an ...
Recognizing the difference between substantive and procedural rights helps enormously in understanding the battles over applying the first eight amendments of the U.S. Constitution to the states.
Editor's note: This is a regular feature on issues related to the Constitution and civics written by Paul G. Summers, retired judge and state attorney general. Legal treatises have been written about ...
The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis – ...
....nor shall any State deprive any person of life, liberty, or property, without due process of law.... Both the Fifth Amendment and the Fourteenth Amendment to the Constitution prohibit governmental ...
In recent years, allegiance to the constitutional theory known as originalism has become all but mandatory for American legal conservatives. Every justice and almost every judge nominated by recent ...
With the resignation of Justice David Souter, President Obama has his first opportunity to fill a vacancy on the U. S. Supreme Court. Because justices are appointed for life, who he appoints may well ...
The right to contraception, the right to refuse medical treatment, the right to live with grandparents, and much more: How unwritten liberties came to exist, and ...
The issue of whether government in America can quarantine persons against their will, ostensibly for their own health and that of others with whom they may come in contact, requires a dual analysis — ...
Accessibility is a taunted component of the Ghanaian legal system although it does not admit a bounded definition. In the mistiness of legal jargons, procedural technicalities, dependence on judicial ...