On Human Rights: The Use of Human Right Precepts in U.S. History and the Right to an Effective Remedy in Domestic Courts

110 Pages Posted: 10 Jun 2014 Last revised: 13 Jun 2014

See all articles by Jordan J. Paust

Jordan J. Paust

University of Houston Law Center

Date Written: June 9, 2014

Abstract

This article provides the most detailed documentation of the use of human rights precepts in U.S. history from the 1720s through 1948 when the Universal Declaration was created. There is also the most thorough documentation of use by the federal judiciary from 1783 thorough 1988, with attention to several state court opinions as well. Use of human rights precepts by U.S. Supreme Court Justices through 1988 is presented as well as the general subjects and types of rights addressed by the judiciary. One of the final sections addresses the human right of access to courts and to an effective remedy.

Keywords: Amendments, Constitution, Declaration of Independence, due process, equality, federal courts, Founders, Framers, history, human right, incorporation, international law, judicial power, Justices, liberty, Ninth Amendment, religion, remedy, speech, rights of man, rights of mankind, treaty

Suggested Citation

Paust, Jordan J., On Human Rights: The Use of Human Right Precepts in U.S. History and the Right to an Effective Remedy in Domestic Courts (June 9, 2014). 10 Michigan Journal of International Law 543 (1989); U of Houston Law Center No. 2014-A-31. Available at SSRN: https://ssrn.com/abstract=2447838

Jordan J. Paust (Contact Author)

University of Houston Law Center ( email )

4604 Calhoun Road
Houston, TX 77204-6060
United States

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