Sentences with phrase «constitutional questions»

Unfortunately, it raises some constitutional questions around preemption (the doctrine that federal law invalidates state law when they are in conflict) and federal due process (which generally protects the right to take cases to court or make demands when they're sent in good faith).

Our practice is to avoid reaching constitutional questions if a dispositive nonconstitutional ground is available.

We conclude, however, that special considerations in this case mandate that we first resolve the constitutional questions.

While this Court's practice is to avoid reaching constitutional questions if a dispositive nonconstitutional ground is available, special considerations in this case mandate that the constitutional questions first be resolved.

Thinking about constitutional questions that challenges to safety regulations give rise to also means thinking about the courts» role when these regulations are challenged.

Although we have authority to deflect cases to the Court of Appeals, which relieves much of the load, the more difficult and complex cases, plus all cases involving constitutional questions, death penalty, first impressions, newly developing law and a whole litany of special subjects (election contests, utility rates, annexations, bar and judicial discipline matters, etc.) are assigned to our Court.

After reviewing the merits briefs in O'Brien and Burgess (which are available here thanks to the ABA), my gut tells me that the Justices will be drawn to ruling for the defendants on statutory interpretation grounds, which will allow the Court to dodge all the tough constitutional questions that a ruling for the government could present.

It is worthy of special research attention because of its high - stakes content (particularly from an individual and a state perspective) and because its development to date has tangentially thrown up some of the most important and contentious constitutional questions in EU law.

While not unmindful of the desirability of its adhering to former decisions of constitutional questions, this Court is not constrained to follow a previous decision which, upon reexamination, is believed erroneous, particularly one which involves the application of a constitutional principle, rather than an interpretation of the Constitution to evolve the principle itself.

Trinity Western continues to raise not just existential constitutional questions, but also challenges for achieving a cohesive national approach to professional regulation.

It's difficult to present a synoptic view, given the variety of the procedures and issues judges are faced with: trials, appeals, references (trial and appeal), constitutional questions (Charter and non-Charter), each presents its own limitations and opportunities.

Part V explains how a retributive damages framework surmounts the constitutional questions raised by punitive damages generally.

The court wrote that the Supreme Court instructed courts in Sattva to only apply a correctness standard on exceptional questions of law, such as constitutional questions, or general questions of law that are of central importance to the legal system as a whole and outside the adjudicator's area of expertise.

However, where a question of law falls into one of four correctness categories, the presumption is rebutted and correctness applies (Capilano at para 24): These are (i) constitutional questions regarding the division of powers; (ii) issues «both of central importance to the legal system as a whole and outside the adjudicator's specialized area of expertise»; (iii) «true questions of jurisdiction or vires»; and (iv) issues «regarding the jurisdictional lines between two or more competing specialized tribunals».

Moreover, a state court injunction is not per se sacred where federal constitutional questions are involved.

There are a variety of constitutional questions that might arise in response to re-tributive damages.

[Footnote 3/50] Thus, whichever way the early cases came up, the governing principle of nearly complete deference to administrative discretion effectively foreclosed any consideration of constitutional questions.

(And the same works in reverse — progressives might critique Heller, Citizens United, and Shelby County on the merits, but it's hard to dispute the claim that the constitutional questions in those cases were properly before the Court, but cf. Fisher.)

When constitutional questions end up in court, the judiciary will get the final word.

«Written» constitutions do not settle all constitutional questions, nor do they prevent the development of conventions that restrict the discretion that constitutional actors might seem to enjoy under the terms of black - letter constitutional law, whether authoritatively enacted or common law.

On the other hand, the correctness standard will apply where constitutional questions, questions of law that are of central importance to the legal system as a whole, and true questions of jurisdiction arise [Edmonton Police Service, para 22].

The exception for general legal questions of substantial importance is narrow, deference on Charter interpretations has taken a bite out of the exception for constitutional questions, and jurisdictional review is withering away.

«They've tried to clean it up and there are some changes that will probably count as improvements when it goes through judicial review, but I think there are still serious constitutional questions,» said Andrew Siegel, a professor of law and constitutional expert at Seattle University.

«such a personal stake in the outcome of the controversy as to assure that concrete adverseness which sharpens the presentation of issues upon which the court so largely depends for illumination of difficult constitutional questions...»

«the Court [has] developed, for its own governance in the cases confessedly within its jurisdiction, a series of rules under which it has avoided passing upon a large part of all the constitutional questions pressed upon it for decision.»

(Mark Graber in 2004 revisited Tocqueville's thesis; he argued the statement was not as true as Tocqueville said, but may be more true in current times than it was during the Jacksonian Period in which Tocqueville was writing, as more political questions first get resolved into constitutional questions).

But the Supreme Court's other decisions make it clear that courts must defer to an administrative tribunal's interpretation of law, except on legal questions considered «of central importance for the legal system» (a category that notably includes constitutional questions).

The men used the Constitutional Questions Act to argue they had the constitutional right to NOT become the spouses of women who had existing married spouses.

The European Union (Withdrawal) Bill — the Repeal Bill that will transpose massive amounts of EU legislation into UK law - raises «important constitutional questions», lawyers have warned.

Constitutional Questions Act.

Hear perspectives from panelists such as award - winning photojournalist Mannie Garcia; John Verdi, the Director of Privacy Initiatives at the U.S. Dept. of Commerce and First Amendment attorney Chuck Tobin on general constitutional questions (i.e. search and seizure) as well as practical advice regarding best way to handle such situations.

It is important to note that under the British Columbia Administrative Tribunals Act, [2] certain provincial tribunals including the RTB, do not have jurisdiction to consider constitutional questions.

The full panel ruling is interesting for how it applied Nebraska's sex offender registry law, but a final footnote highlights some broader constitutional questions the panel saw implicated in the case.

We granted certiorari because of the importance of the constitutional questions presented.

As the author of the article correctly points out, any attempt by the Illinois legislature to modify the retirement benefits of existing employees entitled to those pensions will almost certainly raise serious legal and constitutional questions that the Illinois, or perhaps even Federal courts, will ultimately decide.

Becker says the budget provision may raise constitutional questions.

Constitutional questions seemed straightforward, until Doré make them less straightforward.

Civil liberties advocates argue the increased usage of cellular surveillance and tracking raises certain constitutional questions as the legal standards for obtaining this cell phone data are generally lower and less clear than the traditional standards applied in circumstances where law enforcement attempts to wiretap or monitor traditional phone lines and conversations.

The 30 - minute interviews cover a wide range of fascinating topics, from constitutional questions about surveillance technology to the intellectual property implications of dance and hip - hop music.

For now I'll leave aside the constitutional questions raised by the law until I actually take constitutional law and the thornier patent issues until Intellectual Property, but as an internet professional and a rational human being, I feel fully qualified to address its more obvious deficiencies.

Five constitutional questions have been stated by the Chief Justice.

These programs not only raise grave constitutional questions, they also undermine the moral basis of the equal protection principle.

One may find not only answers to our fundamental constitutional questions, but also directions to test those issues not yet resolved by the courts.»

(2) Sections 109 (constitutional questions) and 123 (giving decisions), section 125 and subsection 126 (5)(language of proceedings) and sections 132 (judge sitting on appeal), 136 (prohibition against photography at court hearing) and 146 (where procedures not provided) also apply to proceedings under the Criminal Code (Canada), except in so far as they are inconsistent with that Act.

(3) Sections 109 (constitutional questions), 125, 126 (language of proceedings), 132 (judge sitting on appeal), 136 (prohibition against photography at court hearings), 144 (arrest and committal warrants enforceable by police) and 146 (where procedures not provided) also apply to proceedings under the Provincial Offences Act and, for the purpose, a reference in one of those sections to a judge includes a justice of the peace presiding in the Ontario Court of Justice.

See the Court of Appeals» press release and the two constitutional questions here:

commenting on the two constitutional questions and their importance here:.

In the exercise of this Court's discretionary power to grant or withhold the declaratory judgment remedy, it is of controlling significance that it is in the public interest to avoid the needless determination of constitutional questions and the needless obstruction to the domestic policy of the states by forestalling state action in construing and applying its own statutes.»

Wisconsin Solicitor General Misha Tseytlin agreed that while politicians are allowed to speculate and guess when it comes to politicking — courts can't when it comes to deciding Constitutional questions.

Even in cases on direct appeal from a state court, when the decision below leaves unresolved questions of state law or procedure which bear on federal constitutional questions, we dismiss the appeal.