Constitutional lawyers handle cases related to the constitutionality of laws and violations of constitutional rights. They play a crucial role in safeguarding freedoms and ensuring that laws do not violate constitutional principles. Cases can be brought to federal courts and even the Supreme Court.
A constitutional lawyer is a lawyer who files lawsuits when there is a question of constitutionality. Constitutional lawyers practice in all countries where a constitution is the country’s charter. This means that there are constitutional lawyers in Canada and the United States, for example, but not in Great Britain, where there is no formal written constitution.
When there is a constitution, it is the supreme law of the land. A constitution can exist at the state or federal level. This means, for example, that the US Constitution governs the entire United States. Each state is under the control of the United States, but it can also write its own constitution that applies to that state.
As a constitution is the supreme law of the land, all other laws and rules must not violate the constitution; that means they cannot be unconstitutional. If a law is passed by the legislature that may violate principles contained in the constitution, plaintiffs affected by that law may sue. A constitutional lawyer would handle the case.
A constitutional attorney would also handle litigation arising from a plaintiff’s belief that his constitutional rights have been violated. For example, if a perpetrator believes he was wrongfully imprisoned for protesting in violation of his constitutional right to free speech, that perpetrator would hire a constitutional attorney to sue the police force or person who arrested him.
Cases arising under the federal Constitution are usually brought in a federal court. If the issue raises particular interest and the plaintiff or defendant appeals, the case may be taken to the Supreme Court. In the United States, for example, when a plaintiff sued a school alleging that the presence of the words “under God” in the Pledge of Allegiance was a violation of its constitutional right to freedom of religion, a constitutional attorney represented him.
Constitutional lawyers play an important role in safeguarding freedoms within a country. Under separation of powers and jurisdiction rules, courts cannot hear a case unless there is an actual dispute. In other words, the court cannot simply say that it thinks a law is unconstitutional; the plaintiff must sue and challenge the law, and the court can decide whether or not the law violates constitutional rights.
When the constitutional lawyer represents a plaintiff and takes the case to court, the court has a chance to rule on the law. If the law is found to be unconstitutional, it is considered invalid. This provides an important check on the power of the legislature.
Protect your devices with Threat Protection by NordVPN
