First Page
207
Last Page
247
Abstract
This article seeks to show that courts face difficulties without a principled, constitutional anchoring for the conception of the common good. Courts could divine the common good from the penumbra of the Fourth Amendment in the same way the Supreme Court created a right to privacy. In addition to creating a “common good” constitutional principle, the judicial branch should establish criteria to determine when this principle should take precedence over individual rights expressly preserved in the Constitution.
Recommended Citation
Amitai Etzioni,
The Case for a Liberal Communitarian Jurisprudence,
42 J. Nat’l Ass’n Admin. L. Judiciary
207
(2022)
Available at:
https://digitalcommons.pepperdine.edu/naalj/vol42/iss2/5
Included in
Constitutional Law Commons, Health Law and Policy Commons, Jurisprudence Commons, Privacy Law Commons
