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Authors

Paul Wake

Abstract

Utah celebrates its centennial this year, and because Utah's Constitution' is also one hundred years old, this is a good time to think back on the legal history of the state's supreme law to see what guidance it gives for the future. Thinking about the Utah Constitution is particularly important given the current upsurge of interest in state constitutional law. One provision in Utah's Constitution, Article I, Section 27 ("Section 27"), seems by its terms to be more important than any other part of the Constitution. Section 27 states: "Frequent recurrence to fundamental principles is essential to the security of individual rights and the perpetuity of free government." No other provision in the Constitution claims to show an essential key to freedom. Yet strangely, virtually no jurist or' scholar has commented on Section 27. This Comment seeks to fill this void by exploring the meaning of Section 27 of the Utah Constitution.

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