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In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country ...
The Court then specified that "in an extraordinary case, where a constitutional violation has probably resulted in the conviction of one who is actually innocent, a federal habeas court may grant the writ even in the absence of a showing of cause for the procedural default". [5]
Conspiracy against rights is a federal offense in the United States of America under 18 U.S.C. § 241: . If two or more persons conspire to injure, oppress, threaten, or intimidate any person [...] in the free exercise or enjoyment of any right or privilege secured to him by the Constitution or laws of the United States, or because of his having so exercised the same;...
In the United States, the exclusionary rule is a legal rule, based on constitutional law, that prevents evidence collected or analyzed in violation of the defendant's constitutional rights from being used in a court of law. This may be considered an example of a prophylactic rule formulated by the judiciary in order to protect a constitutional ...
A constitutional right can be a prerogative or a duty, a power or a restraint of power, recognized and established by a sovereign state or union of states. Constitutional rights may be expressly stipulated in a national constitution, or they may be inferred from the language of a national constitution, which is the supreme law of the land, meaning that laws that contradict it are considered ...
In U.S. constitutional law, when a law infringes upon a fundamental constitutional right, the court may apply the strict scrutiny standard. Strict scrutiny holds the challenged law as presumptively invalid unless the government can demonstrate that the law or regulation is necessary to achieve a "compelling state interest". The government must ...
A prophylactic rule is a judicially crafted rule that protects a constitutional right, by providing consequences for violations of that right, in order to safeguard that constitutional right or improve detection of violations of that right. [1] In United States law, an example is the case of Miranda v.
The courts have viewed the Due Process Clause and sometimes other clauses of the Constitution as embracing the fundamental rights that are "implicit in the concept of ordered liberty". [6] The rights have not been clearly identified and the Supreme Court's authority to enforce the unenumerated rights is unclear. [7]