Laws criminalizing conduct shielded by fundamental rights are unconstitutional
Evidence
Where fundamental rights protect conduct, the laws of many states that make such conduct illegal are unconstitutional. — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1403
Categorization
- DEFINE: States the constitutional principle linking fundamental rights protection to invalidation of criminalizing statutes.
- corroborated: 2 independent passages support this claim — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1403
- XREF: connects to: Overbroad statutes are tainted when prohibiting both protected and criminal conduct — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 844; Congressional acts conflicting with the Constitution are void — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1374; Written constitutions require that any repugnant legislative acts are void — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 480 (+6 more)
Broader Connections
- Written constitutions require that any repugnant legislative acts are void
#corroborates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 480 - Narrow concepts of legal validity fail to prevent official abuse of power
#expands(0.75) — HLA Hart, The Concept of Law (Clarendon Law…, 502