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Steve_the_Stevedore t1_ir1f4g7 wrote

I don't see how having a constitution in itself would prevent this though or how a constitution would be necessary to prevent this.

The law defines due process. If a constitution said that the police could search any home at any time under any condition then random searches would be due process.

On the other hand you have countries like the UK that do not have a constitution in the literal sense but the powers of the executive are restraint anyway. Maybe (as above) not in the way you would want them to be but they could be. I don't see any reason why it should be impossible to have the restraints you mentioned without a constitution.

Where does the "constitution" in you constitutional republic come from?

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dog_superiority t1_ir1gww3 wrote

You would need something like a SCOTUS (that actually does their job) too. If a state tried to change the law to say the police could search any home at any time, then the SCOTUS should shut that down. Of course, if everybody in government just ignored it, the the constitution would have no teeth nor a purpose. But of course the society would quickly go down the shitter too.

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