Court Reviews Constitutional Challenge to Statute De Novo
The Alabama Supreme Court applies the de novo standard of review to constitutional challenges to state statute. The Court “approach[es] the question of the constitutionality of a legislative act ‘'with every presumption and intendment in favor of its validity, and seek to sustain rather than strike down the enactment of a coordinate branch of the government.’” The Court will sustain the legislation “’unless it is clear beyond reasonable doubt that it is violative of the fundamental law.’” 1568 Montgomery Highway, Inc. v. City of Hoover, 1070531 (Ala. Sept. 11, 2009).
