Alabama Constitution Section 105 - Same Prohibited in cases provided for by general law; exception as to time of holding courts; partial repeal of general laws.
Alabama Constitution – Section 105
Title: Same Prohibited in Cases Provided for by General Law; Exception as to Time of Holding Courts; Partial Repeal of General Laws
Full Text:
"No special, private, or local law shall be enacted in any case which is provided for by a general law, nor shall the court of any county be authorized to regulate the costs and charges of courts or the fees, commissions, or allowances of public officers, except as otherwise provided by this Constitution. This section shall not apply to the authority conferred by this Constitution to the courts or judges to change the venue of civil and criminal cases. This section shall not apply to laws authorizing the holding of courts or the terms thereof. No general law, or the general law, applicable shall be repealed in part so as to apply to one county or counties, or other political subdivisions of the state less than the whole, to the exclusion of the remaining portion of the state."
Explanation:
Section 105 restricts the Alabama Legislature from creating special or local laws when a general law (a law applying to the entire state) already exists to address the same issue.
Key Points:
🚫 Prohibited:
No special/private/local laws where a general law already applies.
Counties cannot be given authority to regulate:
Court costs
Court charges
Public officer fees or allowances (unless the Constitution allows it).
The partial repeal of a general law is not allowed if the result is that the law applies only to certain parts of the state.
✅ Exceptions:
Changing venue (moving a case from one court to another) – Courts/judges are allowed to do this.
Setting court dates or terms – Laws authorizing when courts meet are allowed.
Purpose:
This section helps ensure:
Uniformity of laws across the state
Prevention of favoritism or inequality between counties or localities
Protection of general law integrity from being undermined through selective repeal
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