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:
“And then ... he flung open the door of my compartment, and ushered in Ma young and lovely lady! I muttered to myself with some bitterness. And this is, of course, the opening scene of Vol. I. She is the Heroine. And I am one of those subordinate characters that only turn up when needed for the development of her destiny, and whose final appearance is outside the church, waiting to greet the Happy Pair!”
—Lewis Carroll [Charles Lutwidge Dodgson] (18321898)