Article I — Bill Of Rights
23 sections · 0 paragraphs in this article.
Haw. Const. art. I, § 1 Political Power
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All political power of this State is inherent in the people and the responsibility for the exercise thereof rests with the people. All government is founded on this authority. [Am Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 2 Rights Of Individuals
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All persons are free by nature and are equal in their inherent and inalienable rights. Among these rights are the enjoyment of life, liberty and the pursuit of happiness, and the acquiring and possessing of property. These rights cannot endure unless the people recognize their co…
Haw. Const. art. I, § 3 Equality Of Rights
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Equality of rights under the law shall not be denied or abridged by the State on account of sex. The legislature shall have the power to enforce, by appropriate legislation, the provisions of this section. [L 1972, SB No 1408-72 and election Nov 7, 1972; ren Const Con 1978 and el…
Haw. Const. art. I, § 4 Freedom Of Religion, Speech, Press, Assembly And Petition
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No law shall be enacted respecting an establishment of religion, or prohibiting the free exercise thereof, or abridging the freedom of speech or of the press or the right of the people peaceably to assemble and to petition the government for a redress of grievances. [Ren and am C…
Haw. Const. art. I, § 5 Due Process And Equal Protection
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No person shall be deprived of life, liberty or property without due process of law, nor be denied the equal protection of the laws, nor be denied the enjoyment of the person’s civil rights or be discriminated against in the exercise thereof because of race, religion, sex or ance…
Haw. Const. art. I, § 6 Right To Privacy
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The right of the people to privacy is recognized and shall not be infringed without the showing of a compelling state interest. The legislature shall take affirmative steps to implement this right. [Add Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 7 Searches, Seizures And Invasion Of Privacy
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The right of the people to be secure in their persons, houses, papers and effects against unreasonable searches, seizures and invasions of privacy shall not be violated; and no warrants shall issue but upon probable cause, supported by oath or affirmation, and particularly descri…
Haw. Const. art. I, § 8 Rights Of Citizens
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No citizen shall be disfranchised, or deprived of any of the rights or privileges secured to other citizens, unless by the law of the land. [Ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 9 Enlistment; Segregation
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No citizen shall be denied enlistment in any military organization of this State nor be segregated therein because of race, religious principles or ancestry. [Ren and am Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 10 Indictment; Preliminary Hearing; Information; Double Jeopardy; Self-Incrimination
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No person shall be held to answer for a capital or otherwise infamous crime, unless on a presentment or indictment of a grand jury or upon a finding of probable cause after a preliminary hearing held as provided by law or upon information in writing signed by a legal prosecuting …
Haw. Const. art. I, § 11 Grand Jury Counsel
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Whenever a grand jury is impaneled, there shall be an independent counsel appointed as provided by law to advise the members of the grand jury regarding matters brought before it. Independent counsel shall be selected from among those persons licensed to practice law by the supre…
Haw. Const. art. I, § 12 Bail; Excessive Punishment
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Excessive bail shall not be required, nor excessive fines imposed, nor cruel or unusual punishment inflicted. The court may dispense with bail if reasonably satisfied that the defendant or witness will appear when directed, except for a defendant charged with an offense punishabl…
Haw. Const. art. I, § 13 Trial By Jury, Civil Cases
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In suits at common law where the value in controversy shall exceed five thousand dollars, the right of trial by jury shall be preserved. The legislature may provide for a verdict by not less than three-fourths of the members of the jury. [Ren and am Const Con 1978 and election No…
Haw. Const. art. I, § 14 Rights Of Accused
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In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial by an impartial jury of the district wherein the crime shall have been committed, which district shall have been previously ascertained by law, or of such other district to which the pros…
Haw. Const. art. I, § 15 Habeas Corpus And Suspension Of Laws
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The privilege of the writ of habeas corpus shall not be suspended unless, when in cases of rebellion or invasion, the public safety may require it. The power of suspending the privilege of the writ of habeas corpus, and the laws or the execution thereof, shall never be exercised …
Haw. Const. art. I, § 16 Supremacy Of Civil Power
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The military shall be held in strict subordination to the civil power. [Ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 17 Right To Bear Arms
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A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed. [Ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 18 Quartering Of Soldiers
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No soldier or member of the militia shall, in time of peace, be quartered in any house, without the consent of the owner or occupant, nor in time of war, except in a manner provided by law. [Ren and am Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 19 Imprisonment For Debt
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There shall be no imprisonment for debt. [Ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 20 Eminent Domain
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Private property shall not be taken or damaged for public use without just compensation. [Am Const Con 1968 and election Nov 5, 1968; ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 21 Limitations Of Special Privileges
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The power of the State to act in the general welfare shall never be impaired by the making of any irrevocable grant of special privileges or immunities. [Ren and am Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 22 Construction
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The enumeration of rights and privileges shall not be construed to impair or deny others retained by the people. [Ren Const Con 1978 and election Nov 7, 1978]
Haw. Const. art. I, § 23 Marriage
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REPEALED. [Repeal HB 2802 (2024) and election Nov 5, 2024] Note: The amendment made by HB 2802 (2024) will be included in the printed copies of the 2025 Cumulative Supplement for the Hawaii Revised Statutes. Section [24]. The public has a right of access to registration informati…