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.
The Case for a Liberal Communitarian Jurisprudence,
42 J. Nat’l Ass’n Admin. L. Judiciary
Available at: https://digitalcommons.pepperdine.edu/naalj/vol42/iss2/5