ABSTRACT
This chapter explores the tradition of constitutional adjudicationits methods and resultsin the context of the Fourth Amendment's barrier against unreasonable searches and seizures. The constitutional adjudicative tradition is not a magic elixir that will cure all the diseases of any society attempting to consolidate a democracy. It may be that such a tradition is not wholly sufficient to protect these rights even in a developed democracy. The changes and interpretations of the amendments, if they are to retain the precious feel of legitimacy so vital to the constitutional adjudicative process, must always remain subject to that tradition. The conception of law as a tradition, and constitutional adjudication as the art of rights theory, demands that we adhere closely to the ways to the Fourth Amendment Tradition. Constitutional protection exists precisely for what is too precious and fragile to be left to politics. The tradition of constitutional adjudication is indeed a worthy commitment for any nation.
