What is the test to determine whether a law is void for vagueness?
2) Under vagueness doctrine, a statute is also void for vagueness if a legislature’s delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
Who set out the void for vagueness principle?
The U.S. Supreme Court set out the void-for-vagueness principle. A statute that requires after-the-fact judicial interpretation of what the law means would be considered void-for-vagueness. Mala in se crimes are defined as morally wrong but not legally wrong (not against the law).
What laws does the vagueness doctrine prohibit?
The “void for vagueness” doctrine applies only to criminal or penal laws (or quasi-criminal laws, for example laws that carry civil penalties), and laws that potentially limit “strict scrutiny” constitutional rights.
What is overbreadth doctrine in the Philippines?
The overbreadth doctrine is an exception to the prohibition against third-party standing. It permits a person to challenge a statute on the ground that it violates the First Amendment (free speech) rights of third parties not before the court, even though the law is constitutional as applied to that defendant.
Where is the vagueness doctrine?
Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution. By requiring fair notice of what is punishable and what is not, vagueness doctrine also helps prevent arbitrary enforcement of the laws.
What must a law do to be void for overbreadth?
When is a law overbroad? A law is overbroad if it substantially prohibits conduct protected by the Constitution, such as forms of protected speech.
Where does void for vagueness come from?
1) A constitutional rule that requires criminal laws to state explicitly and definitely what conduct is punishable. Criminal laws that violate this requirement are said to be void for vagueness. Vagueness doctrine rests on the due process clauses of the Fifth and Fourteenth Amendments of the U.S. Constitution.
What does void for vagueness doctrine in statutory construction stands for?
A criminal statute that “fails to give a person of ordinary intelligence fair notice that his contemplated conduct is forbidden by the statute,” or is so indefinite that “it encourages arbitrary and erratic arrests and convictions,” is void for vagueness.
What two evils does the void for vagueness doctrine address?
What two evils does the void-for-vagueness doctrine try to eliminate? First, they fail to give fair warning to private individuals as to what the law prohibits. Second, they allow arbitrary and discriminatory law enforcement.