SB40 Alabama 2012 Session

Summary

Primary Sponsor

Gerald H. AllenSenator

Republican

Session

Regular Session 2012

Title

Foreign law, application in violation of rights guaranteed United States and Alabama citizens, prohibited, exceptions, American and Alabama Laws for Alabama Courts Amendment, const. amend.

Summary

A constitutional amendment that bars Alabama courts from applying foreign law if doing so would violate rights guaranteed by the U.S. or Alabama Constitutions, with an exception for entities that contract to be governed by foreign law.

What This Bill Does

If enacted, the amendment would prohibit Alabama courts from applying foreign law when it would violate constitutional rights; it would require contract provisions that choose foreign law or foreign venues to be modified to preserve rights, and if they cannot be modified, those provisions would be void. It would also allow Alabama to refuse full faith and credit to foreign acts that violate Alabama public policy. The change would not apply to business entities that contract to subject themselves to foreign law outside Alabama or the United States.

Who It Affects

• Natural persons in Alabama would have constitutional rights protected from the application of foreign laws by state courts.
• Businesses and other entities that voluntarily contract to be governed by foreign law would be exempt from the prohibition and could still use foreign law in those contracts.

Key Provisions

• Defines foreign law and states public policy to prohibit applying foreign law that violates rights guaranteed by the U.S. or Alabama constitutions.
• Courts, arbitrators, and other authorities must not apply foreign law if it would violate constitutional rights.
• Contracts that choose foreign law or venue must be modified to preserve constitutional rights; if not modifiable, the provision is void.
• If a contractual provision would require a venue outside the U.S. that violates rights, it must be interpreted to preserve rights (denying inappropriate forum).
• Nothing prevents voluntary contracts that limit rights, but such waivers must be construed to preserve constitutional rights, and Alabama courts cannot be forced to apply foreign law.
• Excludes from the prohibition any entity that contracts to subject itself to foreign law in a jurisdiction outside Alabama/United States.
• Alabama may not give full faith and credit to foreign acts that violate Alabama public policy.

AI-generated summary using openai/gpt-5-nano on Feb 25, 2026. May contain errors — refer to the official bill text for accuracy.

Subjects

Constitutional Amendments