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Privacy and Social Contract: A Defense of Judicial Activism in Privacy Cases

Abstract

Professor Saunders characterizes the privacy cases as claims that the sovereign is governing beyond the authority granted by the social contract. He then argues that any government claiming legitimacy through consent of the governed must seriously consider such claims. Further, the courts, as the governmental entity most removed from the sovereignty, should determine the limitations on the sovereign power.

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33 Ariz. L. Rev. 811 (1991)

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Authors

Kevin W. Saunders (University of Oklahoma)

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