Hawaii Constitution Article I Bill of Rights
Hawaii Constitution – Article I: Bill of Rights
Overview:
Article I of the Hawaii Constitution is the Bill of Rights, which guarantees fundamental rights and freedoms to all individuals within the state. It sets forth protections similar to those found in the U.S. Constitution but also includes provisions unique to Hawaii's history, culture, and values.
Key Sections and Protections:
Section 1 – Equality and Freedom from Discrimination
All persons are equal before the law and entitled to equal protection.
Prohibits discrimination based on race, sex, religion, ancestry, or place of origin.
Section 2 – Right to Life, Liberty, and Property
Protects the right to life, liberty, and property.
Property may not be taken without due process and just compensation.
Section 3 – Freedom of Religion
Guarantees freedom of religion and prohibits any establishment of religion.
The government cannot interfere with the free exercise of religion.
Section 4 – Freedom of Speech and Press
Ensures freedom of speech, press, and expression.
Includes protection for peaceful assembly and petition.
Section 5 – Right to Privacy
Recognizes a right to privacy, protecting individuals against government intrusion.
Section 6 – Search and Seizure
Protects against unreasonable searches and seizures.
Warrants must be based on probable cause.
Section 7 – Due Process and Fair Trial
Guarantees due process before deprivation of life, liberty, or property.
Right to a speedy and public trial, impartial jury, and legal counsel.
Section 8 – Right to Bear Arms
Provides the right to bear arms for lawful purposes.
Section 9 – Rights of the Accused
Protections against self-incrimination, double jeopardy.
Right to confront witnesses.
Section 10 – Education
Everyone has the right to a public education.
Section 11 – Rights of the Native Hawaiian People
Recognizes the unique status and rights of Native Hawaiians, encouraging the preservation of their culture and traditions.
Unique Features:
Explicit recognition of Native Hawaiian rights and culture.
Broader privacy protections compared to the U.S. Constitution.
Strong emphasis on equal rights and anti-discrimination.
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