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Privacy and Functional Constitutionalism — Indian Constitutional Law and Philosophy

“… the functional–pragmatic view is normative… in the… sense of making predictions about the necessities acting on present practices. It could claim, for instance, that the commitments laid out in the [Constitution] cannot be consistently met without a further right to privacy. This would be a functional argument: a right to privacy is necessary to protect speech and property and […]

via Privacy and Functional Constitutionalism — Indian Constitutional Law and Philosophy

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