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unenumerated rights
Unenumerated rights are legal rights inferred from other legal rights that are officiated in a retrievable form codified by law institutions, such as in written constitutions, but are not themselves expressly coded or "enumerated" among the explicit writ of the law. 〔(04/22/96 Committee on the Judiciary Tushnet Statement re Hearing on "the Origin and Scope of Roe v. Wade )〕 Alternative terminology sometimes used are: implied rights, natural rights, background rights, and fundamental rights. 〔
Unenumerated rights will be actual rights insofar as they necessitate the systematization of positively enumerated rights anywhere laws would become logically incoherent, or could not be adhered to or maintained in the exclusion of those unenumerated items as rights. Examples of this include federal systems where constituent member constitutions have to be interpreted in relation to their membership in the federal whole, adjudicative of whether authority is rightfully devolved or more rightly federative.〔
This term alternatively, is used loosely to mean any perceived rights, often considered peremptory or intuitively fiat (such as rights innate to each individual or inherent to mankind),〔 that are without expression or instance of articulation.
==In Australia==
(詳細はNationwide News Pty Ltd v Wills''. In addition, some protections of civil liberties have been the result of the High Court's zealous attempts to safeguard the independence of, and confidence in, the Federal judiciary. A good example of this can be seen in ''Kable v Director of Public Prosecutions (NSW)'', in which the High Court struck down a criminal law passed by the New South Wales Parliament that was directed at a single named individual in a similar manner to a Bill of attainder. The High Court also implied a limited right to vote from the text of the Constitution in ''Roach v Electoral Commissioner'', invalidating legislation that prevented all prisoners from voting.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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