Illinois, like many states, has a constitution that provides its citizens with certain rights in addition to those guaranteed by the U.S. Constitution. In some cases, these state constitutional rights may be stronger or provide more protection than the corresponding federal rights. However, it’s important to note that state constitutions cannot conflict with the U.S. Constitution or federal laws.
One example of a state constitutional right that provides greater protection than the corresponding federal right is the right to privacy in Illinois. The Illinois Constitution specifically protects the “right of privacy,” which includes the right to make decisions about one’s own medical care and to control the dissemination of information about one’s health. This right is broader than the federal constitutional right to privacy, which has been interpreted more narrowly by the U.S. Supreme Court.
Another example is the right to a fair trial in Illinois, which includes the right to a impartial jury. The Illinois Constitution specifically requires that juries be “selected at random from a fair cross section of the community,” which provides stronger protection than the corresponding federal right to an impartial jury.
It’s important to keep in mind that while state constitutions can provide additional protection to citizens, these rights can still be limited by laws that are enacted by the state legislature or by court decisions interpreting the state constitution.
Louis M. Pissios
ATTORNEY AND COUNSELOR AT LAW
across the street from the courthouse
9 South County Street
Waukegan, Illinois 60085-5567
Practicing in Criminal Defense and Personal Injury
TELEPHONE (847) 263-0001