Legal Definitions - constitutionalize

Constitutionalize is a verb that refers to the act of establishing something in accordance with a constitution, bringing something into compliance with constitutional principles, or elevating an issue to the status of a constitutional question.

• One way to constitutionalize something is to provide a new entity with its foundational governing document, known as a constitution. This document outlines the structure, powers, and limits of the entity's authority.

  Example: After achieving independence, the leaders of the newly formed nation of Veridia decided to constitutionalize their government by drafting and adopting a comprehensive written constitution. This document established the framework for their legislative, executive, and judicial branches, and defined the rights of their citizens.

  Explanation: In this context, "constitutionalize" means to create and implement a constitution for a new governmental body, thereby giving it a formal legal foundation and defining its operational parameters.

• Another meaning of constitutionalize is to modify an existing law, policy, or practice to ensure it aligns with the principles and requirements of a constitution. This often happens when a court rules that something is unconstitutional, requiring changes to be made.

  Example: A state's voting registration process was challenged in court for disproportionately affecting certain demographic groups. To address the court's concerns and ensure fairness, the state legislature worked to constitutionalize the process by amending the laws to remove discriminatory barriers and make registration more accessible to all eligible citizens.

  Explanation: Here, "constitutionalize" refers to the act of bringing the voting process into compliance with the constitutional guarantees of equal protection and voting rights, making it legally sound and consistent with the constitution.

• Finally, constitutionalize can mean to transform an ordinary legal or policy debate into a matter of constitutional significance. This involves arguing that a particular issue, which might otherwise be resolved through standard legislation or administrative rules, actually implicates fundamental constitutional rights or structures.

  Example: During a public health crisis, a city implemented a mandatory mask mandate. While some viewed this as a simple public safety measure, a group of citizens sought to constitutionalize the issue by arguing that the mandate infringed upon their fundamental right to personal liberty and bodily autonomy, thereby forcing the courts to evaluate the policy against constitutional standards.

  Explanation: In this scenario, "constitutionalize" means to elevate the mask mandate from a mere policy decision to a question involving fundamental constitutional rights, requiring a higher level of legal scrutiny and potentially a judicial ruling on its constitutionality.