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Chapter
Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy
DOI link for Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy
Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy book
Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy
DOI link for Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy
Legal History and Theoretical Development: The Different Foundations and Formations of Decisional and Proprietary Privacy book
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ABSTRACT
The development of the right to privacy does not conform to the models provided by existing theories of constitutional development. The typical process of constitutionalization is a transition from a regionally based common law to an individually held and universally applied right. At the completion of the process, a constitutional right is protected from the democratic process for all individuals regardless of whom they are or where they live. Certain types of privacy rights follow this path while other privacy issues have retained some of the characteristics of a common law.