Tag: Michigan Constitutional Law

Constitutional Law

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Major trends and themes during the Survey period for constitutional law involved: (1) the general lack of independent Michigan constitutional law when a federal constitutional counterpart exists; (2) limited development of independent Michigan constitutional law in which a federal constitutional counterpart exists, most notably involving the protection against cruel or unusual punishment and certain zoning cases; (3) the broadening of the right to confrontation in connection with inadmissibility of certain hearsay statements at criminal trials; (4) clarification of the right against self-incrimination; (5) limiting criminal defendants’ post-conviction procedural rights; (6) refusal to expansively interpret the right to counsel; (7) clarification of the prohibition against double jeopardy in connection with charging and sentencing defendants; (8) strengthening the free exercise of religion; (9) development of issue preservation and the plain error standard of review; and (10) clarification of the applicability of the Headlee Amendment to revenue raising measures by municipalities. Read More …

The Selection of Judges in Michigan: The Constitutional Perspective

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Under the Michigan Constitution of 1963, article VI, section 1, “[t]he judicial power of the state is vested exclusively in one court of justice,” consisting of “one supreme court, one court of appeals, one trial court of general jurisdiction known as the circuit court, one probate court, and courts of limited jurisdiction,” called district courts. The Michigan Supreme Court has general superintending control over all the courts, the power to issue, hear and determine prerogative writs, and appellate jurisdiction in accordance with its own rules. It also has the responsibility to issue general rules controlling the practice and procedure in all courts of the state. Read More …