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Right to Access the Courts

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  • Legalbear
    In evaluating the right of access [to the courts] under the Alabama Constitution, Justice Shores has noted that the origins of the right can be traced back to
    Message 1 of 1 , Apr 6, 2013
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      In evaluating the right of access [to the courts] under the Alabama Constitution, Justice Shores has noted that the origins of the right

       

      can be traced back to the Magna Charta. Although its language is broad enough to be subject to varying interpretations, it can generally be said to incorporate into our constitution a fundamental principle of fairness, a perhaps vaguely conceived but important notion of limitation on the power of government to infringe upon individual rights, and to act arbitrarily. What those rights are, what degree of infringement is permitted, and with how much justification, are inquiries which have been the subject of long-standing debate . . . .

       

      Lankford v. Sullivan, Long & Hagerty, 416 So.2d 996, 999 (Ala. 1982). (citation omitted); State Farm v. Broadnax, 827 P. 2d 531, 535 (Colo. 1992).

       

       

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