Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Constitutional interpretation


In the News (Fri 17 Feb 12)

  
  Constitution - Wikipedia, the free encyclopedia
Constitution of Poland), and sub-national or provincial (e.g.
For example, in the Constitution of Australia, most of its fundamental political principles and regulations concerning the relationship between branches of government, and concerning the government and the individual are codified in a single document, the Constitution of the Commonwealth of Australia.
A "constitutional violation" is an action or legislative act that is judged by a constitutional court to be contrary to the constitution, that is, "unconstitutional".
en.wikipedia.org /wiki/Constitution   (4158 words)

  
 Eastern Book Company - Practical Lawyer   (Site not responding. Last check: 2007-10-30)
The possible sources for interpretation of the Constitution include the text of the Constitution, its “original history” including the general social and political context in which it was adopted, with due regard to the ongoing history of the interpretation of the Constitution and the social, political and moral values of the society.
In interpreting the Constitution, this common man, who is at the centre and focus of all activities, described by Churchill as “the little man with a little pencil with a little ballot to vote”, should not be forgotten.
This creative work of interpretation of constitutional provisions by the judges has to continue because law and particularly constitutional law is indeed, a historical growth, for it is an expression of customary morality which develops silently and unconsciously from one age to another.
www.supremecourtcases.com /lawyer/articles/2004v4a1.htm   (7787 words)

  
 FSM Constitution - Article 11   (Site not responding. Last check: 2007-10-30)
The intent of the Constitutional Convention is that major crimes, as defined by Congress and committed prior to voter ratification, fall within the jurisdiction of the nat'l gov't and may be prosecuted pursuant to the nat'l law after the effective date of the amendment.
Intent of framers of the Constitution was that nat.
The Constitution mandates that the Chief Justice by rule may govern the admission to practice of attorneys, but a rule which differentiates between FSM citizens and noncitizens inherently relates to the regulation of immigration and foreign relations which are powers expressly delegated to the other two branches of gov. t.
www.fsmlaw.org /fsm/constitution/article11.htm   (10021 words)

  
 SEP: Interpretation and Coherence in Legal Reasoning
Moreover, in the case of legal interpretation, Dworkin appears to settle for the argumentative social practice of law as the original to be interpreted (Dworkin 1986, p63).
According to Bork 1990, adherence to originalism in US constitutional interpretation is necessary to ensure that the judiciary confines itself to its proper sphere of authority, thus preserving the separation of powers and structure of government in the form in which the founders of the US intended.
Fish's contention that all potential candidates which might constrain interpretation are themselves susceptible to being interpreted in a variety of ways results in his claiming that texts or originals cannot constrain judges at all in the way in which is commonly supposed, as texts do not have meanings in advance of particular interpretations of them.
plato.stanford.edu /entries/legal-reas-interpret   (7515 words)

  
 Top 20 Encyclopedia
The U.S. Constitution styles itself the "supreme law of the land." Courts have interpreted this phrase to mean that when laws (including state constitutions) that have been passed by state legislatures, or by the (national) U.S. Congress, are found to conflict with the federal constitution, these laws are ultra vires and have no effect.
Some of the ideas embodied in the Constitution were new, but many were drawn from Classical Antiquity and the British governmental tradition of mixed government which was in practice among 12 of the 13 states and were advocated by the writings of Charles de Secondat, Baron de Montesquieu.
The Constitution of the United States has also served as a model for the constitutions of numerous other nations, including the second oldest codified constitution, the May Constitution of Poland, which was written in 1791.
encyc.connectonline.com /index.php/United_States_Constitution   (5452 words)

  
 Full-Time Faculty - Kurt T. Lash
“The study of the Constitution is the study of ourselves: It is the law that We the People have embraced, altered, and amended.
Government Aid to Religion; School Choice; Religion and Secularism in Constitutional Interpretation and Democratic Debate, entries in The Encyclopedia Of The American Constitution (Supplement) (1999).
Power and the Subject of Religion, 59 Ohio St. L.J. The Status of Constitutional Religious Liberty at the End of the Millennium, 32 Loy.
www.lls.edu /academics/faculty/lash.html   (545 words)

  
 Massachusetts Abortion Law: A guide to selected sources on abortion law in Massachusetts   (Site not responding. Last check: 2007-10-30)
2d 147 (1973) The court held that a woman's constitutional right to privacy encompassed her decision to terminate a pregnancy.
Court held that statutory requirement that pregnant unmarried minor obtain consent of both parents before obtaining abortion violated due process clause.
Casey, 505 U.S. 833, 112 S.Ct. 2791, 120 L.Ed.2d 674 (1992) Pennsylvania abortion statute held valid for 24 hour informed consent, parental consent for minors, and record keeping requirements, but not for spousal notice under due process clause of Federal Constitution's 14th Amendment.
www.lawlib.state.ma.us /abortion.html   (538 words)

  
 Andrew D. Martin's Curriculum Vitae   (Site not responding. Last check: 2007-10-30)
``Statutory Battles and Constitutional Wars: Congress and the Supreme Court.'' In Institutional Games and the U.S. Supreme Court (Jon R. Bond, Roy B. Flemming, and James R. Rogers, eds.).
Texas A and M University, Center for Presidential Studies, Policy, and Governance, Institutional Games and the U.S. Supreme Court Conference, ``Statutory Battles and Constitutional Wars: Congress and the Supreme Court.
Conference Host for Constitutional Quandaries and Critical Elections Conference (Center in Political Economy).
adm.wustl.edu /admcv.php   (2822 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.