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.

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Algeria constitutional reform may be a big “legal” scam! [closed]

I really need help here from a constitutional law perspective. The People's Democratic Republic of Algeria, governed by a (rather Russian type of) semi-presidential regime, is having constitutional ...
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Does the Swedish constitution limit the government’s powers to impose lockdown, more than constitutions of other comparable countries?

As is widely known, Sweden’s coronavirus response has been an outlier in several ways. One point, in particular, is that many measures are just issued as recommendations to the public, rather than ...
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Did Rudy Giuliani act as an effective legal advocate for his client?

Setting aside politics and opinions on the actual merits of the case, did Rudy Giuliani act as a competent legal advocate in support of his client's position in his November 17 argument in federal ...
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How would originalists vs living-constitutionalists assess the constitutionality of electing a female President of the United States?

This question regards the USA and its federal constitution. Article II, Section I of the US Federal Constitution says that: The executive Power shall be vested in a President of the United States of ...
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Do any countries have effective policies that bolster common convention and the rule of law itself?

In the United States, we have a problem where a certain individual continues to flout long-held common convention, safeguards against autocratization, and even several very old and cherished laws that ...
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Does torture violate the US Federal Constitution, and if so under which theory?

We all know about the tortures that took place at Abu Ghraib prison. However, Justice Scalia explains to us that torture does not offend the US Federal Constitution. As Justice Scalia explained to us, ...
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Is there an implied consent to a frisk in a stop in the US?

This question regards US law, and the Fourth Amendment to the US Federal Constitution. Suppose I am walking on the sidewalk, when a police officer stops me. He then says the following: "I will ...
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Under what legal and moral concept could France demand the Haitian ex-slaves pay for their freedom?

In 1804, the Haitian slaves won their freedom from France during a brutal colonial war. Shortly afterwards, France would demand that the newly independent Haiti pay the French government and ...
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What reparations were sought by the fourteen Carribean nations for reparations at the ICJ?

In 2013, fourteen Caribbean nations, including Barbados, Antigua and Jamaica who already have established reparations commission, sued Britain, the Netherlands and Framce for their role in Trans-...
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Has there ever been a serious lawsuit seeking reparations for slavery?

Slavery was an abomination, corrupting both the enslaved and the enslavers. Given that we have the Modern Slavery Act, has there ever been a serious lawsuit seeking reparations for slavery? If so, by ...
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What specific charges is the US Justice Department accusing Google/Alphabet of?

The US Justice Department sued Google/Alphabet on the 20th Oct of this year in an anti-trust lawsuit, alleging that the corporation was illegally using its market muscle to hobble competition. Other ...
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Why is American land use law so messed up? Is Nectow (1928) a reversal of Euclid (1926)? Is Pennsylvania Coal (1922) a reversal of Mugler (1887)?

In Mugler v. Kansas, the Supreme Court rules that prohibition of alcohol is not a taking. (Alcohol property rendered worthless.) Hadacheck v. Sebastian says the zoning prohibits making bricks, but ...
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Michael Jackson trial and the constitutionality of gag orders

In this page, Wikipedia says that in the Michael Jackson 2005 trial (People v. Jackson) the judge: put a gag order on both sides Erwin Chemerinsky says (link, at the time of 1:53:37) that gag orders ...
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Has punishment for precedent-setting decisions ever been recognized as retroactive enforcement of a new law?

When a court sets a precedent, it is effectively creating a law (case law). This means that the law (or a newly clear interpretation that can only now be relied on) did not exist prior to the courts ...
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If one was denied job due to remarks on muslims during job interview, can the company be sued for violating freedom of speech?

Say I go to a job interview. During the interview the interviewer says you will be dealing with a lot of middle eastern clients. I said, no problem. I can do this. I have dealt with many Muslims. ...
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What is meant by direct Taxes in Article 1 Section 2 in the US Constitution?

I am new when it comes to understanding the US Constitution and I am not comfortable with Section 2, Paragraph 3 of Article 1! [Representatives and direct Taxes shall be apportioned among the ...
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What are the criteria for a law to be unconstitutionally overboard when not related to speech

In my municipality, it states that to qualify as an animal "attack" that Actual physical contact is not required to constitute an attack." Per § 8.04.045 and that it is merely enough ...
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Would the federal decriminalization of marijuana under the MORE act supersede state-level criminal statutes?

Bill in question I haven't been able to find a clear answer to this question. I'm aware that there exists the Supremacy Clause which says that state laws cannot contradict federal laws. Another way of ...
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Can a pardon be issued clandestinely?

Say there exists some individual who is in danger of prosecution for federal crimes, though it's not yet certain what the exact charges will be, nor even whether the indictment will be made at all. ...
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If a judge evidences a misunderstanding of the law is that grounds for an appeal?

In criminal matters, if a judge makes statements during oral arguments that clearly show that the judge has a misunderstanding of the case law pertaining to the matter at hand, can the judge's ...
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Does the sixth amendment entitle me to know who called the county on me for a code violation?

Is my accuser the person who petitioned the county to investigate a code violation?
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Special immunity that newspapers do not enjoy

Pai said in a statement Thursday. “Social media companies have a First Amendment right to free speech. But they do not have a First Amendment right to a special immunity denied to other media outlets,...
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Could the federal government ban people from drinking coffee?

Which amendment does this statement violate? The federal government refuses to allow anyone to drink coffee.
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Which amendment does this violate?

Bob requests a lawyer to be present while the police interview him after being arrested. The police just laugh.
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Could the 14th amendment, section 3, keep Trump from holding office for a second term?

It seems widely agreed upon that even if a President breaks a law, he can only be removed from office through the impeachment process. However, could an incumbent president who wins a second term be ...
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Why was no constitutional amendment needed to change the rules on succession to the Canadian throne?

In 2013 a statute altered the rules on succession to the throne in Canada. (Specifically, if a woman is the eldest child of the monarch then she inherits the throne upon the monarch's death even if ...
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Who succeeds to a political party's presidential candidacy if the candidate withdraws before the election?

If a president and simultaneously a presidential candidate Trump would have to quit before the November vote the remainder of his presidency would of course be assumed by Pence, his VP and running ...
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What protection against a perjury prosecution does a hostile witness have?

Smith is subpoenaed as a witness for the defense in a criminal case. The prosecution is allowed to treat the witness as hostile, and Smith is directed to limit his responses to yes and no. Assume that ...
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Can a California ballot initiative prevent its own repeal except by an unrealistically large legislative majority?

Background: an upcoming ballot initiative in California, Proposition 22, contains as part of its text the condition that the law it brings into effect can only be amended by a 7/8 legislative majority....
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Due process and Board decisions

Say an occupational licensing board in a US state denies an applicant, and then he follows their appeal process and had a hearing before a hearing officer who is not a member of the board. The hearing ...
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Term limits extensions

https://www.cnn.com/2020/09/10/politics/michael-cohen-trump-cnntv/index.html What would need to happen in order to enable a US president to govern for a 3rd term?
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How can the US House of Representatives transition to be elected by proportional representation? Would editing “PL 2 USC 2c” work?

Here is context for my question: I am a student studying political science. I am researching policy that could be used to dismantle the stranglehold that the Democratic and Republican parties have on ...
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Can a co-founder sue another co-founder from company constituitional infringements using courts of another country?

Say a company is incorporated in Dubai. All Shareholders live in Australia. A co-founder does something against the company constitution, such as diluting other co-founder shares. Can the other co-...
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Is it possible to be awarded damages in a First Amendment case?

The case is a de facto promotion of religion by a local municipality. A private citizen has placed a religiously promotive flyer on the notices board at the department of a local municipality. The ...
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Have any corporations ever been indicted for torture?

Generally when torture is discussed it's usually governments that are in the firing line. However, given the immense power in the modern world of corporations I'm curious as to whether any ...
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Terminology for a change in a state's status without a change in its constitution

This will be a terminology question, but first I have to explain some situations. In the U.S., each state has a written constitution that is higher than any act of the state legislature and is what ...
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Is There a Deadline for Forming Political Parties before a US Presidential Election?

Can I legally, with respect to the FEC, form a political party such as Kanye's "Birthday Party" just before a national election as he has? This article suggests not: "... you can only ...
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Is it legal to give money to the Federal Government to fund specific projects?

Some time ago, a few people set up a fundraiser to solicit private people to give money to fund a government project that was not meant as a gift to reduce the debt of the public. The campaign went ...
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How Do States [Arizona] Amend the Federal Constitution?

How do states (specifically Arizona) amend the United States federal constitution? How do states amend the federal constitution without permission/cooperation from the US federal congress? What is the ...
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What does the US Constitution's Eighth Amendment mean by “punishment?”

Historically, the word "punishment" in the Eighth Amendment refers to sentences imposed by a court after a defendant has been found guilty of a crime. However, it seems to me that actions ...
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How does [arbitrary attorney] have standing?

As I understand it, Judge Sullivan has a conflict with the executive branch and appointed an attorney to plead his case. But how can one delegate power one doesn’t have? Either the power is delegated ...
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How does Judge Sullivan have standing?

As I understand it, Judge Sullivan is appealing a writ of mandamus in the Flynn case. As the Supreme Court has interpreted the Federal Constitution as having a case or controversy requirement that ...
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Can the government outlaw excessive spending on defense counsel?

Suppose a jurisdiction in the United States wanted to pass a law limiting the amount of money that a defendant could spend on counsel, to try to prevent a very wealthy person from assembling a dream ...
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Separation of powers, role of the ministry of Justice

I understand that the law differs from country to country but what is the general consensus on the separation of powers regarding this particular matter: Recently, the ministry of justice (African ...
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Is age discrimination legal in French elections?

In France, the mayors of large cities divided into districts are not directly elected by the inhabitants of these cities but by the mayors and councilors of each district which, this time, has been ...
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Is abortion of children with Down's syndrome legal in EU?

In many countries of the European Union, abortions are performed on women after knowledge of down syndrome in the embryo. In some countries this disease has almost disappeared from the population. And ...
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Does a politician’s promise to “overthrow” the current system and replace it with a “Socialist World” rise to treason?

18 USC §2381 Treason. Whoever, owing allegiance to the United States, levies war against them or adheres to their enemies, giving them aid and comfort within the United States or elsewhere, is guilty ...
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Does violating an international treaty have any legal consequence in United States?

I'm asking in general and also specifically in the example I'm going to show. In my country, international treaties have constitutional level since 1994, which means a violation of an international ...
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Do mask orders in response to Covid-19 violate the First Amendment?

Not a lawyer, but curious about what lawyers would say. My understanding is that the legal definition of speech is broader than the conventional definition of the term and I would think the ability to ...
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What are the legal protections for someone that downloaded a leaked database in the domain of the USA?

My question is what are the legal protections for downloading a leaked database under the premise of not knowing the database in question is actually a "leaked database" as in you think the database ...

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