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What is the Purpose of Constitutional Law

What is purpose of constitutional law? This is a branch of law that deals with the interpretation and administration of the US Constitution as well as state constitutions. The issues covered by constitutional law include the relationship between the three branches of government – the judiciary, executive and legislative – as well as the relationship between the states and the Federal government. Most importantly for criminal lawyers, constitutional law deals with the rights conferred to an individual involved in a criminal case from the time of their arrest through their prosecution.

Attorneys who specialize in this branch of the law are known as constitutional lawyers. They file lawsuits questioning what is the constitutional law in a particular case as well as when a plaintiff believes that his or her constitutional rights have been violated. Constitutional lawyers may also file suit on behalf of a plaintiff if a law is enacted that violates some of their constitutional rights. When these questions are asked about the Federal Constitution, cases are usually filed in a Federal court. If the suit raises questions of particular interest about the Constitution, or the plaintiff or a defendant lose their case and want to appeal, the case may go before the US Supreme Court.

For defendants involved in a criminal case, the Constitution guarantees a number of rights including the right to a speedy trial that must be completed within a reasonable time from when the person was arrested; the right to be protected from any unreasonable search and seizure; the right to protection against self-incrimination by refusing to answer any questions or make statements that can incriminate them in a crime; as well as the fundamental right to be assumed innocent until proven guilty. If the defendant believes that their constitutional rights were violated during their prosecution, a constitutional lawyer can file a case on their behalf against the police force asking what is the constitutional law to ensure that their rights are protected and to seek redress.

 Author: Kensington

 Source: What is the Purpose of Constitutional Law

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   Last Modified: 08 May 2011