What criteria or issues can make a law vague and unenforceable?
In American constitutional law, a statute is void for vagueness and unenforceable if it is too vague for the average citizen to understand, and a constitutionally-protected interest cannot tolerate permissible activity to be chilled within the range of the vagueness (either because the statute is a penal statute with …
What is a vague part of the Constitution?
Vagueness sets the Constitution against law that is open to interpretation. It favors rules over standards—the more mechanical, the better. It takes no law off the table for being over-harsh: it only requires that the law’s harshness be clear, which can often be accomplished by making the law’s rules more sweeping.
What is the fundamental rationale behind the void for vagueness doctrine?
The Void-for-Vagueness Doctrine. The void-for-vagueness doctrine dictates that unduly uncertain laws, whether criminal or civil, violate due process and cannot be enforced. The doctrine has two main rationales, one based on individual rights and one based on constitutional structure, that guide its application.
What does held void mean?
no legal effect
Can an accused institute a facial challenge involving a penal law?
The rule established in our jurisdiction is, only statutes on free speech, religious freedom, and other fundamental rights may be facially challenged. If a facial challenge to a penal statute is permitted, the prosecution of crimes maybe hampered. No prosecution would be possible.
How do you challenge a statute?
Rule 5.1. Constitutional Challenge to a Statute
- (a) Notice by a Party. A party that files a pleading, written motion, or other paper drawing into question the constitutionality of a federal or state statute must promptly:
- (b) Certification by the Court. The court must, under 28 U.S.C.
- (c) Intervention; Final Decision on the Merits.
- (d) No Forfeiture.
What makes a statute unconstitutional?
When the proper court determines that a legislative act or law conflicts with the constitution, it finds that law unconstitutional and declares it void in whole or in part. Only governments can then violate the nation’s constitution, but there are exceptions.