The Washington Supreme Court and the State Constitution: A 2010 Assessment
Document Type
Article
Publication Title
Gonzaga Law Review
Abstract
This article is an effort to focus more careful attention on the way in which the Washington Supreme Court interprets the Washington State Constitution. In particular, it is an examination of the court's record in three specific areas in which it must pay particular attention to the state constitution and the limits it imposes upon state and local government. These three areas are property rights (particularly in relation to the power of eminent domain), the Washington Constitution's privileges or immunities clause, and individual liberties. As will be discussed in the sections below, while in some cases the court has treated the state constitution as merely redundant of parallel federal constitutional provisions, in other cases the court has given separate meaning to state constitutional provisions and developed unique state constitutional jurisprudence through its decisions. Nonetheless, even in those cases the Washington Supreme Court has sometimes shown a willingness to rely upon federal constitutional standards to inform its own interpretation of the state constitution. In examining the court's jurisprudence in the three areas mentioned above, this paper will address the extent to which the Washington Supreme Court has applied precedent, the text and original meaning of the Washington Constitution, and provisions of the Federal Constitution.
First Page
1
Last Page
56
Publication Date
2010
Recommended Citation
46 GONZ. L. REV. 1 (2010-2011).