Does section 28, subdivision (c) of the California Constitution, give rise to a right of action for damages?

California, United States of America


The following excerpt is from Clausing v. San Francisco Unified School Dist., 221 Cal.App.3d 1224, 271 Cal.Rptr. 72 (Cal. App. 1990):

6 In this respect section 28, subdivision (c), is closely analogous to article I, section 1, of the California Constitution, which states: "All people are by nature free and independent and have inalienable rights. Among these are enjoying and defending life and liberty, acquiring, possessing, and protecting property, and pursuing and obtaining safety, happiness, and privacy." Clearly, although safety and happiness are inalienable rights, this provision of the Constitution does not establish the means whereby they may be enjoyed. No case has ever held that this provision enunciating the inalienable right to obtain safety and happiness is self-executing in the sense that it gives rise, in and of itself, to a private right of action for damages or an affirmative duty on the part of the state to take particular steps to guarantee the enjoyment of safety or happiness by all citizens. (Langdon v. Sayre (1946) 74 Cal.App.2d 41, 44, 168 P.2d 57; cf. In re Underwood (1973) 9 Cal.3d 345, 348, 107 Cal.Rptr. 401, 508 P.2d 721.)

Other Questions


Is section 28, subdivision (d) of the California Constitution harmonized with section I, article I, section 15 of the constitution with respect to self-incrimination? (California, United States of America)
What is the facial constitutionality of the section 17556 (d) of California Government Code 17556, subdivision (d), section 726 of the California Tax Code, providing that a local authority has authority to levy fees on behalf of a third party? (California, United States of America)
Does section 3303, subdivision (g) of the California Civil Rights Act, make a claim of a "constitutional right to silence"? (California, United States of America)
Can a drafting error in section 1170.18, subdivision (c) of the California Constitution allow for the use of the word "act" rather than "code" in the context of section 11 70.18? (California, United States of America)
Does section 1170.1, subdivision (i) of the California Civil Code apply to subdivision (d) of Section 667.6? (California, United States of America)
What is the constitutional attack on the meaning of Section 5 of the Constitution in the context of Section 7(1) of the Civil Rights Act? (California, United States of America)
Does the application of "ordinary rules of evidence" such as section 352 of California Evidence Code section 352 violate a defendant's constitutional rights? (California, United States of America)
What is the effect of Section 815 of Government Code section 815.2 of the California Civil Rights Act on civil rights? (California, United States of America)
Does section 27 of the California Criminal Code, section 778a, subdivision (a)(1) of the Criminal Code of California apply to a defendant who is charged with a charge of conspiracy to commit a crime committed outside of the state? (California, United States of America)
Does article I, section 31 of the California Constitution bar affirmative action from being defined as "affirmative action"? (California, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.