Legal Question in Criminal Law in New Jersey
State Constitution but no state statute.
Is there a cause of action where the
state constitution disallows an
activity, but no statute is
consequently passed? Can a person
still be sued? is the activity strictly
illegal?
2 Answers from Attorneys
Re: State Constitution but no state statute.
I think that your question may be too vaghe for a meaningful answer. Unllke the Federal Constitution, which may be enforced against state actors through USCA section 1983, there are only limited methods of enforcing the state constitution.
Generally, you can't enforce the constitution against private citizens. There are specific rights granted by the NJ State constitution which do not have a private cause of action provided for their enforcement, for example, crime victims rights. If you are more specfic with what right you are speaking of, I can give you a better idea if there is a means of enforcing it.
Re: State Constitution but no state statute.
Of course. A constitution is a law, its the law of the land or the State.
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