Cardozo Journal of Equal Rights & Social Justice
Abstract
The article posits that disrespect is a fundamental concept in understanding constitutional rights violations. It argues that the underlying logic and limits of constitutional rights are rooted in considerations of respect and disrespect, particularly respect for persons. The author contends that both intentional and unintentional disrespect can lead to constitutional violations, affecting various rights such as equal protection, free speech, and due process. The analysis draws on philosophical frameworks, including those of Kant and Rawls, to emphasize the centrality of respect in constitutional jurisprudence.
Disciplines
Constitutional Law | Fourth Amendment | Human Rights Law | International Law | Law | Law and Society
Recommended Citation
R. G. Wright,
Disrespect as the Essence of Constitutional Right Violations,
28
Cardozo J. Equal Rts. & Soc. Just.
1
(2021).
Available at:
https://larc.cardozo.yu.edu/cardozoersj/vol28/iss1/3
Included in
Constitutional Law Commons, Fourth Amendment Commons, Human Rights Law Commons, International Law Commons, Law and Society Commons