11

There are a number of specific limitation on what can be made criminal in US law, derived from constitutional protection. Specific Rights Expressions of free speech, for example, cannot be made criminal, although there can be laws which regulate or impact speech to a degree. Similarly, the establishment clause of the First Amendment prohibits a law ...


3

This may depend on who is interpreting The Constitution. But one of the "originalist" interpretations made by Barnett in Reason's "Has The Constitution Lost Its meaning debate" is that The Constitution is not the law that governs the people, but rather it is the law which governs the people who govern the people. His argument for it is that the people ...


2

In the so-called common-law countries (or common law adversarial system, or common law jurisdictions) are prosecutors members of the (state) bar? If so, is that a requirement? If so, does that mean that they are somehow under the bar's disciplinary jurisdiction? The Practice of Law is Mostly State Regulated Almost all prosecutors are (and must ...


1

The city of Seattle, WA recently (April 2019) passed an ordinance requiring all businesses with televisions in public spaces (e.g. bars, restaurants, airports, etc.) to enable Closed Captioning as part of their public accommodations law concerning the deaf and hard-of-hearing. This is a perfect real-world example of the kind of law you're talking about. I'...


1

There is the constitution as written, and then there is the "annotated constitution", the latter is the constitution along with all the major cases that set case law and defined the various sections and amendments thereof. It is this latter annotated version you'd want to examine to accurately answer any specific question of "is this law constitutional." ...


1

It is possible in the UK for a person to have a partial defence to murder in very specific circumstances, one of which may possibly include the defendant acting in "retribution". Under English Law, there are three special defences which exist solely for the crime of Murder. One of these defences, is the defence of Diminished Responsibility. The defence ...


1

In New Zealand, as provided by the Criminal Procedure Act 2011, anyone can be a prosecutor (subject to limitations when the trial is by jury). Section 5 defines "prosecutor" as "the person who is for the time being conducting the case against the defendant in accordance with section 10". Section 10 specifies who may conduct proceedings against defendant, ...


Only top voted, non community-wiki answers of a minimum length are eligible