A constitutional attorney is a lawyer who files lawsuits when the constitutionality of a law is in question. Constitutional lawyers work in any country where the country’s chartering document is the constitution. This means that constitutional lawyers exist in Canada and the United States, but not in the United Kingdom, which lacks a formal written constitution.
A constitution is the supreme law of the land when it exists. A constitution can be found at both the state and federal levels. This means that the United States Constitution, for example, governs the entire country. Each state is governed by the United States, but it has the authority to write its own constitution that applies only to that state.
Because the constitution is the supreme law of the land, all other laws and rules must not contradict it; they cannot be unconstitutional. Plaintiffs who are harmed by a law passed by the legislature that may violate constitutional principles may file a lawsuit. The case would be handled by a constitutional lawyer.
A constitutional lawyer would also handle lawsuits brought by plaintiffs who believe their constitutional rights have been violated. For example, if a plaintiff believes he was wrongfully arrested for protesting, he would hire a constitutional lawyer to sue the police force or the individual who arrested him.
Normally, cases involving the federal constitution are brought before a federal court. The case could go to the Supreme Court if the question raises particular interest and either the plaintiff or defendant files an appeal. In the United States, for example, a constitutional attorney represented a plaintiff who sued a school, alleging that the words “under God” in the Pledge of Allegiance were a violation of his constitutional right to freedom of religion.
Constitutional lawyers play a critical role in ensuring that a country’s freedoms are protected. Courts cannot hear a case unless there is a genuine dispute, according to the separation of powers and rules of jurisdiction. In other words, the court cannot simply declare that a law is unconstitutional; a plaintiff must sue to challenge the law, and the court must then decide whether or not the law violates constitutional rights.
When a constitutional attorney represents a plaintiff in court and presents the case to the judge, the judge has the opportunity to rule on the law. If a law is found to be unconstitutional, it is declared invalid. This serves as a vital check on the legislative branch’s authority.