clear space clear space clear space white space
A
 r c h i v e s   o f   M a r y l a n d   O n l i n e

PLEASE NOTE: The searchable text below was computer generated and may contain typographical errors. Numerical typos are particularly troubling. Click “View pdf” to see the original document.

  Maryland State Archives | Index | Help | Search
search for:
clear space
white space
Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 540   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>
clear space clear space clear space white space

1

distinguished from an over-all, broad guide to —

2

PROFESSOR ROSEN: Not enforceable at law?

3

MR. GENTRY: Perhaps not strictly enforceable

4

at law.

5

PROFESSOR ROSEN: I think it's clear on the

6

surface of the ACLU's position that it wants a Declaratiot

7

of Rights that is enforceable at law and subject to the

8

creative processes of interpretation under the judiciary.

9

MR. GENTRY: I'm not sure that is possible.

10

You say you want it strictly enforceable by law, and yet

11

you are dependent upon the judicial processes to add

12

something to it through, you say interpretation. I find

13

it more to be simple adding than interpretation.

14

PROFESSOR ROSEN: That is a point that we

15

could review all night, but I would prefer to view it as a

16

creative process interpreting the fundamental document of

17

the State, as the Federal, as I see it, sees it as inter-

18

preting a fundamental document. He would hope the judi-

19

ciary of the State would be charged with the creative

20

process of interpreting and applying the Declaration of

21

Rights, within the creative process of the judiciary.



 
clear space
clear space
white space

Please view image to verify text. To report an error, please contact us.
Constitutional Convention Commission (Committee Hearings, Testimony)
Volume 422, Page 540   View pdf image (33K)
 Jump to  
  << PREVIOUS  NEXT >>


This web site is presented for reference purposes under the doctrine of fair use. When this material is used, in whole or in part, proper citation and credit must be attributed to the Maryland State Archives. PLEASE NOTE: The site may contain material from other sources which may be under copyright. Rights assessment, and full originating source citation, is the responsibility of the user.


Tell Us What You Think About the Maryland State Archives Website!



An Archives of Maryland electronic publication.
For information contact mdlegal@mdarchives.state.md.us.

©Copyright  October 06, 2023
Maryland State Archives