CEU Electronic Theses and Dissertations, 2024
| Author | Bhate, Vidisha |
|---|---|
| Title | Designing the Repository: Finding a Place for Unenumerated Rights in the Constitutions of India, Germany, and the USA |
| Summary | Written constitutions protect and guarantee certain rights and freedoms that accrue to citizens and the people within the territory. The positivist theory of rights suggests that the peoples’ rights are limited to those granted to them by the State. The theory of natural rights, on the other hand, posits that there are certain rights that are inherent to human beings, antecedent to and irrespective of their textual codification. At the interface of these theories, lies the protection of unenumerated rights by courts, through constitutional interpretation. In India, Germany and the USA, the judiciary has created a “constitutional repository” of unenumerated rights. Broadly defined, a constitutional repository is an enumerated provision, or a set thereof within a constitution to which several unenumerated rights are judicially attributed. The present research aims to comparatively understand the design and practice of such repositories. |
| Supervisor | Böckenförde, Markus |
| Department | Legal Studies LLM |
| Full text | https://www.etd.ceu.edu/2024/bhate_vidisha.pdf |
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