Unenumerated rights
Unenumerated rights are legal rights inferred from other rights that are implied by existing laws, such as in written constitutions, but are not themselves expressly coded or "enumerated" within the explicit writ of the law. Alternative terminology sometimes used are: implied rights, natural rights, background rights, and fundamental rights.
| Rights |
|---|
| Theoretical distinctions |
| Human rights |
| Rights by beneficiary |
| Other groups of rights |
Unenumerated rights may become enumerated rights if they necessitate the systematization of positively enumerated rights anywhere laws would become logically incoherent, or could not be adhered to otherwise. Examples of this include federal systems where constituent member constitutions have to be interpreted in relation to their membership in the federal whole, adjudicative of whether authority is rightfully devolved or more rightly federative.
This term may be used loosely to mean any natural or intrinsic rights (such as rights innate to each individual or inherent to mankind) that are without expression or instance of articulation.