What does vagueness mean in law? void for Definition. 1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear. Laws are usually found void for vagueness if, after
What does vagueness mean in law?
Definition. 1) In criminal law, a declaration that a law is invalid because it is not sufficiently clear. Laws are usually found void for vagueness if, after setting some requirement or punishment, the law does not specify what is required or what conduct is punishable. For more information, see vagueness doctrine.
What means vagueness?
Vagueness is a state of being unclear or uncertain. Vagueness can also be visual, like the vagueness of shapes in the fog. The Latin root of vagueness, vagus literally means “wandering” and figuratively means “vacillating or uncertain.”
What is an example of a vague law?
For example, criminal laws which do not state explicitly and definitely what conduct is punishable are void for vagueness. A statute is also void for vagueness if a legislature’s delegation of authority to judges and/or administrators is so extensive that it would lead to arbitrary prosecutions.
What is vagueness and overbreadth?
Overbreadth is closely related to its constitutional cousin, vagueness. A regulation of speech is unconstitutionally vague if a reasonable person cannot distinguish between permissible and impermissible speech because of the difficulty encountered in assigning meaning to language.
Is law a vague?
In fact, law is necessarily very vague. So if vagueness is a problem for legal theory, it is a serious problem. The problem has to do with the ideal of the rule of law and with the very idea of law: if vague standards provide no guidance in some cases, how can the life of a community be ruled by law?
What is vague law?
Hazy, uncertain, or imprecise. Used in reference to words — especially sentences and paragraphs — that are not clearly expressed. A criminal statute is void for vagueness if it is so vague that it fails to give a person fair notice of what conduct is prohibited or required.
What’s a vague word?
1a : not clearly expressed : stated in indefinite terms vague accusations. b : not having a precise meaning a vague term of abuse. 2a : not clearly defined, grasped, or understood : indistinct only a vague notion of what’s needed also : slight a vague hint of a thickening waistline hasn’t the vaguest idea.
What is an example of vagueness?
Vagueness in Sentences and Words One vague word is enough. It may be essentially doubtful whether this is a red shape because it is essentially doubtful whether this is red, although beyond doubt that it is a shape. The vagueness of ‘This is a red shape’ does not imply the vagueness of ‘This is a shape. ‘”
Why are vague laws bad?
Vague laws involve three basic dangers: First, they may harm the innocent by failing to warn of the offense. Second, they encourage arbitrary and discriminatory enforcement because vague laws delegate enforcement and statutory interpretation to individual government officials.
What happens if a law is unclear?
If after looking at the language of the statute the meaning of the statute remains unclear, courts attempt to ascertain the intent of the legislature by looking at legislative history and other related sources. In these cases, courts are free to interpret statutes themselves.
Is Overbreadth a word?
A term used to describe a statute that prohibits certain behavior, but in so doing also restricts or inhibits behavior that is constitutionally guaranteed. (US, law) The excessive broadness of a statute that, in proscribing unprotected speech, also proscribes protected speech. …