The question of whether local declarations offering sanctuary for LGBTQIA+ people place local law above federal law depends on what the statements actually promise.
Academic rigour, journalistic flair
Articles on Constitutional law
Displaying 1 - 20 of 148 articles
Saskatchewan’s provincial government must work with Indigenous nations on a shared vision for the future that is more likely to withstand the tests of time and litigation.
The founders of the United States viewed impeachment as a way to remind the country and president that he is not above the law and to deter abuses of power.
Trump has trial dates set for three of his four criminal cases. But generally, state and federal prosecutors will coordinate to make sure that their dates don’t overlap.
Fulton County District Attorney Fani Willis’ RICO charges against Trump are targeting election law violations, but by another name. The charges can result in a minimum five years in prison.
The second world war showed that dignity had to be enshrined in law. Defining it in order to do so is no easy task.
Women’s rights groups and politicians have pushed, ultimately unsuccessfully, for the Equal Rights Amendment to become part of the Constitution for the past several decades.
Free speech is under attack from both sides of the political spectrum.
The arrest of a former American president is unprecedented, but the nation’s founders anticipated the day would come.
Here’s what the question says, what’s new and what happens next.
The current draft wording is the model most consistent with Australia’s current and historical constitutional practice.
‘Congress shall make no law … abridging the freedom of speech.’ It’s often misunderstood, by many Americans. A constitutional scholar explains what it really boils down to.
The fallout over the Scottish government’s gender recognition legislation has not happened in isolation.
There is no federal recall law that could lead to another election for Santos’ seat. But Santos’ case presents ethics concerns that the House may review.
The House Committee’s criminal referrals show that the proceedings are not just about a historical record – they argue that Trump should be held accountable for four criminal charges.
A House panel made four criminal referrals in relation to Donald Trump’s alleged role in the attack on the Capitol. Convictions might make him an unpalatable candidate but wouldn’t bar him from running.
The Albanese government wants to change the way referendums work ahead of the Voice to Parliament vote. There are still flaws, but it is a step in the right direction.
There’s no equivalence between invoking the Emergencies Act and the pre-emptive invocation of the notwithstanding clause, which guts Canadian democracy and nullifies the Charter.
The former president made little mention of his personal legal battles as he announced his bid to retake the White House.
A Supreme Court reference on the notwithstanding clause could look beyond the highly polarized reactions to any particular law and get at the heart of the issue.
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