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Part Two The Illinois Constitution and Commentary, Art.I The Bill of Rights

From: The Illinois State Constitution

Ann M. Lousin

From: Oxford Constitutions (http://oxcon.ouplaw.com). (c) Oxford University Press, 2021. All Rights Reserved.date: 08 May 2021

Any rights, procedural or substantive, created for the first time by Article I shall be prospective and not retroactive. There are three themes running through the case law on Article I. The first is the relationship of the text to prior Illinois constitutions, especially the 1870 constitution. Frequently, the Sixth Illinois constitutional Convention simply reenacted the language of the prior constitution exactly or with minor rephrasing. This means that prior case law should be useful in interpreting the current text. The second theme is the relationship of the...
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