Alabama Constitution Section 95 - Impairing obligation of contracts; revival of barred rights or remedies; removal of cause of action or defense to suit after commencement of suit.
Alabama Constitution – Section 95: Impairing Obligation of Contracts; Revival of Barred Rights or Remedies; Removal of Causes of Action or Defenses After Suit Begins
📜 Summary of Section 95:
Section 95 protects contractual and legal rights by placing clear limits on legislative power. It ensures that the legislature cannot retroactively interfere with private legal agreements or alter legal remedies after a lawsuit has already begun.
🔑 Key Provisions:
No Law Impairing Contracts:
The legislature shall not pass any law that impairs the obligation of contracts.
This means that once a valid contract exists, its terms must be honored, and the state cannot retroactively change or nullify them.
No Revival of Barred Rights or Remedies:
The legislature cannot revive any legal right or remedy that has been:
Barred by lapse of time, such as those barred by a statute of limitations.
Once a claim is legally barred due to the passage of time, it cannot be brought back to life by legislative action.
No Retroactive Interference in Lawsuits:
After a lawsuit has been filed and commenced, the legislature cannot pass a law that would:
Remove a cause of action (reason for suing), or
Take away a legal defense from either party.
This ensures the legal process already underway is protected from political interference.
⚖️ Purpose and Legal Principle:
Reinforces the rule of law and legal stability.
Protects private agreements and court processes from arbitrary government interference.
Prevents the state from using its legislative power to favor one party after a legal dispute has begun.
✅ Example Applications:
A state cannot pass a law saying an old debt contract is void if it was valid when signed.
The legislature cannot pass a law reviving a lawsuit that was already dismissed because it was filed too late.
If a lawsuit begins under one set of laws, the legislature can’t pass a new law mid-case that removes a key defense from the defendant.
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