Texas Constitution:Article I, Section 13: Difference between revisions

no edit summary
No edit summary
No edit summary
 
(4 intermediate revisions by the same user not shown)
Line 1: Line 1:
{{DISPLAYTITLE:Article I, Section 13 of the Texas Constitution (''<small>"Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Due Course of Law"</small>'')}}{{Texas Constitution|text=Adopted February 15, 1876:
{{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.'''
Line 10: Line 10:


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.
|other=
None.


|recent=
|recent=
Line 53: Line 49:
* ''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=
|seo_title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts")
|seo_keywords=
|seo_keywords=open courts provision, Article 1 Section 13, excessive bail
|seo_description=
|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 by due course of law.
|seo_image_alt=Texas Bill of Rights
|seo_image_alt=Texas Bill of Rights


Line 64: Line 60:
[[Category:Accident & Injury Law]]
[[Category:Accident & Injury Law]]
[[Category:TxCon ArtI Sec]]
[[Category:TxCon ArtI Sec]]
[[Category:WikiSEO Extension]]{{#seo:|author=Steven W. Smith|section=Law|published_time=01-01-2015|title=Article I, Section 13 of the Texas Constitution ("Excessive Bail or Fines; Cruel or Unusual Punishment; Open Courts; Due Course of Law")|keywords=Article 1 Section 13, excessive fines, Texas open courts provision|description=This section's second sentence is often referred to as the Texas open courts provision. Thirty-nine other states have similar constitutional provisions but the federal constitution does not.}}