Sentences with phrase «legal penumbra»
@DavidGrinberg The answer, primarily, is a political one and not a legal one, although the double jeopardy piece has a legal penumbra to it.
https://politics.stackexchange.com/ Not exact matches
The legal basis for deriving implied powers from the penumbra of other express powers is best seen in Justice Douglas classic opinion in Griswold v. Connecticut.5 In the Griswold case, the United States Supreme Court struck down a Connecticut law prohibiting the use of contraception.
Under the construction you (and Douglas) erroneously and ignorantly would allow, I should be allowed to hire a prostitute in Nevada and fly her to New York to provide her services (that are legal in Nevada, but not in New York) because, under Douglas faulty reasoning, there exists a «right to privacy» in the «emanations and penumbras» of the Constitution.
Such a decision is ostensibly justifiable on the basis of the identified «penumbra of uncertainty» in the interpretation of the positive law provisions of Article 8 TEU, Article 20 TFEU and Article 50 TEU, and the conception of EU citizenship that has been constructed in the judicial pronouncements upon these legal sources.