Legal Definitions - constitutional question

A constitutional question refers to a legal issue or dispute that can only be resolved by interpreting the provisions, principles, or rights outlined in a country's constitution, rather than by simply applying or interpreting a regular law (a statute) passed by a legislature.

It arises when there is a challenge to a government action, a law, or a policy, on the grounds that it violates or is inconsistent with the fundamental framework, powers, or rights established by the constitution. Courts addressing such questions must determine what the constitution means and whether the challenged action aligns with that meaning.

Here are some examples:

• Example 1: Freedom of Expression

  Imagine a city council passes a new ordinance that prohibits all forms of public demonstration or protest within a one-mile radius of any government building. A group of citizens wishes to protest a new policy but is prevented by this ordinance.

  The legal challenge brought by the citizens would raise a constitutional question. The court would need to interpret the constitutional right to freedom of speech and assembly to determine if the city's ordinance unduly restricts these fundamental rights. The resolution would depend on what the constitution permits regarding restrictions on expression, not just what the city ordinance states.

• Example 2: Equal Protection

  Consider a state legislature enacting a law that grants certain enhanced educational benefits only to students who have resided in the state for at least ten years, effectively excluding newer residents from these benefits.

  A lawsuit challenging this law would present a constitutional question. The court would have to interpret the constitutional principle of equal protection, which generally requires that all persons similarly situated be treated alike. The central issue would be whether the state's residency requirement for benefits unfairly discriminates against newer residents in a way that violates the constitution's guarantee of equal protection, rather than merely examining the text of the state law itself.

• Example 3: Division of Powers

  Suppose the President of a country issues an executive order that directly contradicts a specific policy established by a law previously passed by the national legislature. The legislature believes the President has overstepped their authority.

  This situation would involve a constitutional question concerning the separation of powers. The court would need to interpret the articles of the constitution that define the powers and limits of the executive branch (the President) and the legislative branch (the national legislature). The resolution would hinge on whether the President's executive order falls within their constitutionally granted authority or infringes upon the legislative powers reserved for the national legislature.