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.
Last Modified: 08 May 2011
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