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Texas Constitution:Article I, Section 13 (view source)
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{{DISPLAYTITLE:Article I, Section 13 of the Texas Constitution (''<small>"Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts | {{DISPLAYTITLE:Article I, Section 13 of the Texas Constitution (''<small>"Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876: | ||
'''Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.''' | '''Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy by due course of law.''' | ||
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This section's first sentence generally tracks the Eighth Amendment to the federal constitution ("excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"). | This section's first sentence generally tracks the Eighth Amendment to the federal constitution ("excessive bail shall not be required, nor excessive fines imposed, nor cruel and unusual punishments inflicted"). | ||
The section's second sentence is often referred to as the Texas " | The section's second sentence is often referred to as the Texas "Open Courts" Provision. Cf. Thomas Phillips, ''The Constitutional Right to a Remedy'', 78 N.Y.U. L. Rev. 1309, [https://www.nyulawreview.org/wp-content/uploads/2018/08/8.pdf#page=2 1310] (2003) (footnotes omitted) ("Most state bills of rights are longer than the first ten Amendments, containing rights and guarantees not found in the Federal Constitution. The most widespread and important of these unique state provisions is probably the guarantee of a right of access to the courts to obtain a remedy for injury. It is one of the oldest of Anglo-American rights, rooted in Magna Carta and nourished in the English struggle for individual liberty and conscience rights. Today, it expressly or implicitly appears in forty state constitutions."). | ||
Note that the Declaration of Rights in the Republic of Texas constitution and the Bill of Rights in each of the state's first four constitutions contained a section with the same substantive language as this section. | Note that the Declaration of Rights in the Republic of Texas constitution and the Bill of Rights in each of the state's first four constitutions contained a section with the same substantive language as this section. | ||
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* ''Giddings v. City of San Antonio'', 47 Tex. 548, [https://texaslegalguide.com/images/047_Tex_548.pdf#page=10 557] (1877) ("The same question, upon the same class of claims . . . . While it is of the highest importance that the courts should be open at all times for the assertion of rights that are believed to be well founded, it would be unfortunate that it should be thought practicable, on a doubtful question, to easily procure a change of decision with every change in the members, who might, from time to time, compose the Supreme Court. This question is, therefore, not before us as one of first impression, but stands with the weight in favor of an affirmance of the last decision of this court upon it.") | * ''Giddings v. City of San Antonio'', 47 Tex. 548, [https://texaslegalguide.com/images/047_Tex_548.pdf#page=10 557] (1877) ("The same question, upon the same class of claims . . . . While it is of the highest importance that the courts should be open at all times for the assertion of rights that are believed to be well founded, it would be unfortunate that it should be thought practicable, on a doubtful question, to easily procure a change of decision with every change in the members, who might, from time to time, compose the Supreme Court. This question is, therefore, not before us as one of first impression, but stands with the weight in favor of an affirmance of the last decision of this court upon it.") | ||
|seo_title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts | |seo_title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts") | ||
|seo_keywords=Article 1 Section 13, excessive bail, open courts provision | |seo_keywords=Article 1 Section 13, excessive pretrial bail, open courts provision | ||
|seo_description=All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy | |seo_description=All courts shall be open, and every person for an injury done him, in his lands, goods, person or reputation, shall have remedy. | ||
|seo_image_alt=Texas Bill of Rights | |seo_image_alt=Texas Bill of Rights | ||
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[[Category:Texas Bill of Rights]] | [[Category:Texas Bill of Rights]] | ||
[[Category:Accident & Injury Law]] | |||
[[Category:Criminal Procedure]] | [[Category:Criminal Procedure]] | ||
[[Category:TxCon ArtI Sec]] | [[Category:TxCon ArtI Sec]] | ||