Which Constitution? Eleven Years of Gunwall in Washington State

30 Pages Posted: 10 Oct 2010

See all articles by Hugh D. Spitzer

Hugh D. Spitzer

University of Washington - School of Law

Date Written: 1998

Abstract

Reviews and analyzes all Washington Supreme Court cases from 1986 to 1997 that cited State v. Gunwall for its six-step approach to applying the State Constitution when analogous provisions of the United States Constitution also apply. Concludes that despite a stated policy of resorting to the state constitution and ample opportunity to do so, during this eleven-year period the Washington court typically avoided application of Washington's constitution. The paper recommends a number of approaches that the Washington Supreme Court might take to increase appropriate briefing on state constitutional issues by lawyers.

Keywords: State Constitutional Law

JEL Classification: K19

Suggested Citation

Spitzer, Hugh D., Which Constitution? Eleven Years of Gunwall in Washington State (1998). Seattle University Law Review, Vol. 21, No. 4, p. 1187, 1998. Available at SSRN: https://ssrn.com/abstract=1689954

Hugh D. Spitzer (Contact Author)

University of Washington - School of Law ( email )

Box 353020
Seattle, WA 98195-3020
United States
206-685-1635 (Phone)

HOME PAGE: https://www.law.washington.edu/directory/profile.aspx?ID=470

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