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Questions tagged [constitutional-law]

Constitutional law deals with the assignment or restriction of the powers and branches of a government. If you are asking whether something is constitutional, it's helpful if you provide reasons as to why you think it is or isn't constitutional.

Note: this tag is not country specific - please add a country tag to your question as well.

Constitutional law governs the assignment and restriction of the powers of government.

A constitution will typically establish the branches of a government - the executive, judiciary, and legislature.

Beyond this, it may also state the means by which the constitution itself may be amended, and the means by which the government may legislate.

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Is there any legal mechanism for a citizen without resources, to be able to sue the state for infringing his/her constitutional rights?

Is there any legal mechanism for a citizen without resources, to be able to sue the state for infringing his/her constitutional rights? In Argentina for example, I know there is a "defensor del pueblo" at national and provincial level, but as far as…
Pablo
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Why do unitary states have constitutional rights?

In a federal state the federal legislature and the legislatures of the regions within the federation each have their own particular roles and competence which is defined in the federal constitution. In a unitary state there is only one legislature…
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Does not following a religion "to the letter" disqualify you from protection of religious freedom?

I could probably come up with a logical argument as to why individual religious beliefs and patterns of behavior should be protected in the same way as those which belong to a "recognized" religion, but I'm wondering what kind of case law exists on…
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USA Supreme Court vs. State Costitutions and State Supreme Courts

In the USA, could a clause (article, proposition) of a State Constitution be held unconstitutional, with respect to the USA Constitution, by the Supreme Court? If it could, has it ever happened? Also, could a decision by a State Supreme Court be…
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Why is banning "vaccine passports" unconstitutional?

CONTEXT: Florida has tasked the Department of Health to fine businesses / government requiring proof of vaccination to be fined $5K: The Florida Department of Health will begin enforcing the state’s ban on vaccine passports on Sept.…
gatorback
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Is there a difference between "faithfully executed laws" and laws which are technically executed but not "faithfully"?

I'm trying to persuade someone in a policy area to do something. One of my points is that, supposing what they're already doing is technically legal, it is not "faithfully executing" the law. In the abstract, is there any history that might suggest…
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Could using Private Journals be a violiation if used against someone in the court of law?

What is the legal basis for the prosecution to use ones private journal against them in the court of law. If so why is this not a violation of the right not to testify against oneself. If i have this wrong point it out. to clarify, in state and…
Ben Madison
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Calling for the suspension of due process by a president

Would calling for the seizure of guns from unnamed citizens and the suspension of due process in doing so constitute treason?
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In places where constitutions don't disallow irrational laws to be passed by a legislature, can peremptory norms override irrational laws?

Has there been any case like this anywhere in the world? Or does peremptory norm only apply to international law? Can courts recognise peremptory norms and customary law and does codified law take precedence over it or vice versa?
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Can the Governor of Maine remove Maine's Attorney General?

As I understand it, the President of the United States has an Attorney General (AG) that serves at the pleasure of the President. That means the President can fire the AG at any time. Can you take a look at Maine? Its legislature elects the AG and…
Mr. A
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Nazario Police stop questions

Video shows: An Army lieutenant is pulled over by Virginia police, with firearms dawn upon exiting police cruiser. "I’m honestly afraid to get out of the car,” Lieutenant Nazario says. “Yeah,” says one of the officers, Joe Gutierrez, according to…
gatorback
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Will the equal rights amendment actually have an effect on any existing statute?

Was watching John Oliver last night and he had a whole feature on the Equal Rights Amendment. What is the point? Are there any current statutes that could be affect by this amendment, anywhere? We have seen what has happened in the past, like with…
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Can one go to jail for not abiding by the letter of the law but abiding the spirit of the law?

What if there is a clash between the spirit of law and the letter of law and my actions only abide by the spirit of law but not the letter of law?Is there a chance that I might go to jail?
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can a person paroled from a 15 year to life sentence contest the constitutionality of the state law that sentence?

I was sentenced to 15 years to life in 1984 under NY's Persistent Felony offender statutes (NY Penal Law 70.10 & NY Criminal Procedure Law 400.20) for a gun charge (CPW 3rd degree) which normally carries a maximun 3 1/2 -7 year Penalty. Surface,…
Kenneth Nowlin
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Can the federal government override a state making something illegal?

Friend and I were having about an argument about whether the federal government could just blanket legalize something. For example, would the federal government be able to pass a law preventing states from making sports betting illegal? The way I…
Ryan G
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