Semantic search
Jump to navigation
Jump to search
| Full category | |
|---|---|
| Philosophies | Philosophies |
| Policy Recommendations | Policy Recommendations |
| Polling | Does public polling reveal insights about the right as experienced in different countries? |
| Position | Is there a perception that this right is above or higher than other fundamental rights, or in general, that it has a particular place in a hierarchy of rights? |
| Private curtailment | Is this right at times curtailed by private actors? |
| Questions | What are the most important questions that remain to be answered about this right? |
| Right | Right |
| Shaped by judicial decisions | To what extent is this right shaped primarily by judicial decisions? |
| Short-term cost | Short-term economic cost in general |
| Source | What is the oldest source in any country that mentions this right? |
| Status | What specific examples of hierarchies, manifestos, constitutions, or prioritized descriptions of rights cite this right’s high status? Low status? No status at all? |
| Technological change | Will the exercise or protection of this right be affected by technological changes? |
| Theories | What do the major legal theories (positive law, natural law, critical legal studies, etc.) say about this right? |
| Threatening to government | Is this right often perceived as threatening to government authorities? |
| Tradition contributions | Tradition contributions What have religious and philosophical traditions contributed to our understanding of this right? |
| Traditions | Are there any philosophical or moral traditions that dispute the classification of this right as a fundamental right? |
| US | Is it contained in the US Constitution? |
| US alterations | In the US context, can this right be altered legislatively, or would it require a constitutional amendment? |
| US exceptions | Are there any exceptions in American law to this right? |
| US implicit | Has it been interpreted as being implicit in the US Constitution? |
| US party stakes | In the US context, are there particular parties with a stake or interest in amending or reconceptualizing this right? |
| Unfairness | Are there instances when this fundamental right can lead to unfairness or inequities? |
| Unlimited consequences | If this right were unlimited, what might be the consequences (positive and negative)? |
| Utilitarian - Fairness | Utilitarian / Fairness Assessments |