Doctrinal Development and Use
Early in American judicial history, various jurists attempted to form theories of natural rights and natural justice that would limit the power of government, especially regarding property and the rights of persons. Opposing "vested rights" were jurists who argued that the written constitution was the supreme law of the State and that judicial review could look only to that document — not to the "unwritten law" of "natural rights". Opponents further argued that the "police power" of government enabled legislatures to regulate the holding of property in the public interest, subject only to specific prohibitions of the written constitution.
Read more about this topic: Substantive Due Process
Famous quotes containing the word development:
“The man, or the boy, in his development is psychologically deterred from incorporating serving characteristics by an easily observable fact: there are already people around who are clearly meant to serve and they are girls and women. To perform the activities these people are doing is to risk being, and being thought of, and thinking of oneself, as a woman. This has been made a terrifying prospect and has been made to constitute a major threat to masculine identity.”
—Jean Baker Miller (20th century)