Introduction Chapter 1.The Background of the Constitutional Right to Privacy. Chapter 2.The Substantive Due Process Theory" as a Security Means of the Property Right 1."The Substantive Due Process Theory. 2.The Formation of the Theory. 3.The Establishment of the Theory. 4.The Termination of the Theory. 5.The Augury of the Resurrection of the Theory. Chapter 3.The Substantive Due Process Theory" as a Security Means of the Right to Privacy. 1.The Resurrection of "The Substantive Due Process Theory". - Roe v. Wade. (a)The Point at Issue in the Roe Decision. (b)The Opinion of the Court Delivered by Justice Blackmun. (c)Concurring and Dissenting opinion of the other Justice. 2.After Roe Case. A.Abortion Controversy. (1)Pre-1989. (2)Post-1989. a.Webster v.Reproductive Health Services. b.Planned Parenthood of Southeastern Pennsylvania v.Casey. (3)The Standard for a Regulation of Abortion. B.Homosexual's Sodomy Sexual Orientation. -Bowers v.Hardwick- |
The right to privacy was recognized and developed as a right of the
tort law,since it first appeared in the article of the Warren and Brandeis(1) in 1890.At the begining,protecting the profit
in private life was the core of a legal protection of the right to privacy,therefore,the
passivity was the character of this right as it is said that "the right
to be let alone" which means the right to freedom from any interference
with himself from others.
However,it is quite nature that a problem takes place when it copes with
difficulty against the infringement of government intrusion.
Furthermore,an extensive collection of an individual information which
is collecting,accumulating, and exploiting by the government in an information
oriented society constitutes a grave menace to the safety of our nation.So
far as it aims only at the protection of the profit in the private life,it
is difficult to insist the right to privacy against an extensive collection
of an individual information which is collecting,accumulating, and exploiting
by the government as indicated in the Professor W.Prosser's first category
of the invasion of privacy "Intrusion upon the plaintiff's seclusion
or solitude"(2).
When it copes with the problem of the protection of the right to privacy
in the relations with the public power,classical definition of the tort
law privacy "the right to be let alone" is not enough to secure
the right.
I would like to examine the constitutional right to privacy from the point
of the controversy in which is occured in the United States for there is
not enough argument in our country relating to the right to privacy.
