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The UDHR is a non-binding declaration - in and of itself, it has no legal force. The 4th Amendment of the US Constitution is more legally relevant, but part of
by antonvs 2mo ago
The UDHR is a non-binding declaration - in and of itself, it has no legal force.
The 4th Amendment of the US Constitution is more legally relevant, but part of the function of courts is to carve out exceptions to laws like that for law enforcement purposes, so practically speaking such provisions are much less absolute than their wording tends to imply.
- attila-lendvai 2mo agosuch documents are worth only as much as the population wants to, is willing to, and is able to enforce them.
- KoolKat23 2mo agoGenerally you can't carve out from a constitution, it is all encompassing. You can reinterpret perhaps but "carve outs" are only by amendment to the constitution. It's a concept called constitutional supremacy. There's generally ranking to laws. Think of a venn diagram with subset circles inside bigger circles. Constitutional Law > Statutory/Legislative Law > Administrative/Regulatory Law > Case Law/Common Law
- deleted 2mo ago[deleted]
- antonvs 2mo agoHow do you reconcile what you’re saying with the actual situation? A relevant example is the border search exception: https://en.wikipedia.org/wiki/Border_search_exception https://en.wikipedia.org/wiki/Border_search_exception
- milutinovici 2mo agoVery simple. Rule of law in the US has been crumbling for some time