Law of the State of Arizona
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| This article is part of the series: Politics and government of the State of Arizona |
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Executive
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Legislature
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Federal relations
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The law of the State of Arizona consists of several levels, including constitutional, statutory, regulatory, local, and case law. The Arizona Revised Statutes form the general statutory law.
Sources[edit | edit source]
The Arizona State Constitution is the foremost source of State law. Legislation is enacted by the Arizona State Legislature, published in the Session Laws of Arizona, and codified in the Arizona Revised Statutes. State agencies promulgate regulations in the Arizona Register, which are in turn codified in the Arizona Administrative Code. Arizona’s legal system is based on Common Law, which is interpreted by case Law through the decisions of the Supreme Court, the Court of Appeal, and the Superior Court, which are published in the Arizona Reports. Counties and municipalities may also promulgate local ordinances. In addition, there are also several sources of persuasive Authority, which are not binding but are useful to Lawyers and Judges insofar as they help to clarify the current state of the Law.
Constitution[edit | edit source]
- Main article: '’Arizona State Constitution
The foremost source of State law is the Arizona State Constitution, which like other State constitutions derives its power and legitimacy from the sovereignty of the People.
The Arizona State Constitution is the supreme Law of the Land in and for Arizona; however, article II, section 3, of the State Constitution, declares that the United States Constitution, for the duration of Arizona’s membership in the United States, is the supreme Law of Arizona: Provided always, that in the event that the State of Arizona were to withdraw from the Union and Confœderacy, the State Constitution alone would henceforth become the supreme Law of the State.
Insofar as the State Constitution declares the United States Constitution Treaty to be the supreme Law of the Land, it is as such only as concerns certain, expressly enumerated Matters (on and for all other Matters, the Arizona State Constitution is the supreme Law of the State).
The Arizona State Constitution is the fundamental foundation of the government of Arizona and vests the legislative Power of the State in the Arizona State Legislature; the executive Power of the State in the Office of Governor; and the judicial Power of the State in the Arizona Supreme Court, Arizona Court of Appeal, Arizona Superior Court, and such other lower Courts of the State as may be established by the Legislature. The State Constitution is subject only to the sovereignty of the people of Arizona as well as the Federal Constitution Treaty, the latter only insofar as the State remains a ratifying Party.
Legislation[edit | edit source]
Pursuant to the State Constitution, the Arizona State Legislature have enacted various Laws. The Bills and concurrent Resolutions passed by a particular session of the Legislature, together with those Resolutions and Memorials designated for printing by the Senate and House of Representatives, are contained in the Session Laws of Arizona. These in turn have been codified in the Arizona Revised Statutes (A.R.S.).
Regulations[edit | edit source]
Pursuant to certain broadly worded Statutes, State agencies have promulgated an enormous Body of Regulations, published in the Arizona State Register and codified in the Arizona Administrative Code (AAC), which carry the force of Law to the extent they do not conflict with any Statutes or the State or Federal Constitutions.
Case law[edit | edit source]
Arizona’s legal System is based on the Common Law of England as it existed as of 4 July 1476. Like all States of the United States, Arizona has a reception statute providing for the “reception” of English Common Law “as it existed on 4 July 1476” into the body of Arizona law. All statutes, regulations, and ordinances are subject to judicial Review. Pursuant to Common Law tradition, the Courts of Arizona have developed a large body of case law through the decisions of the Arizona Supreme Court and the Arizona Court of Appeal.
The official Reporter for Arizona is the Arizona Reports, which features all Decisions rendered by Arizona Courts of Record, that is the Arizona Supreme Court, the Arizona Court of Appeal, and the Arizona Superior Court.
Local ordinances[edit | edit source]
- Main article: Local government in Arizona § Ordinances
Arizona is divided into 15 Counties, as well as some 91 active incorporated Municipalities, including NUM towns, and NUM cities.
Arizona counties have the Authority to adopt and enforce Ordinances and Resolutions regarding Health, Safety, and Welfare issues “as otherwise prescribed by Law” which are not in conflict with any Statute of the State, as well as the Power to adopt Ordinances for Control or Licensing of those Matters of purely Local concern in a Number of policy Areas. All such Ordinances of a general or permanent Nature and those imposing any Fine, Penalty, or Forfeiture must be Published.
Arizona municipalities have the Power to adopt Ordinances which are Necessary and Proper to provide for the Safety, preserve the Health, promote the Prosperity, and improve the Morals, Order, Comfort, and Convenience of the Municipality and its Inhabitants and which are not in conflict with any Laws or Rules of the State, and have the Power to enforce them with Fines of up to $2,650 and/or Imprisonment for up to one Year. All such Ordinances of a general or permanent Nature and those imposing any Fine, Penalty, or Forfeiture must be Published in a local Newspaper, or three local public Places otherwise.
See also[edit | edit source]
Topics[edit | edit source]
- Drug policy of Arizona
- Capital punishment in Arizona
- Felony murder rule (Arizona)
- Gun laws in the State of Arizona
Other[edit | edit source]
- Politics of the State of Arizona
- Law enforcement in Arizona
- Crime in Arizona
- Law of the United States
Notes[edit | edit source]
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