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The plurality found that enacting this sort of legislation was clearly within the constitutional authority of the state, and that the statute furthered a substantial government interest. To understand the legislative intent behind the creation of the statute, the plurality turned to the history of indecency law, noting an expansive history and ...
In constitutional law, constitutionality is said to be the condition of acting in accordance with an applicable constitution ; the status of a law, a procedure, or an act's accordance with the laws or set forth in the applicable constitution. When laws, procedures, or acts directly violate the constitution, they are unconstitutional. All others are considered constitutional unless the country ...
The subject concerns the scope of power of the United States federal government compared to the individual states and the fundamental rights of individuals. The ultimate authority upon the interpretation of the Constitution and the constitutionality of statutes, state and federal, lies with the Supreme Court of the United States.
Unconstitutional vagueness is a concept that is used to strike down certain laws and judicial actions in United States federal courts. It is derived from the due process doctrine found in the Fifth and Fourteenth Amendments to the United States Constitution. The doctrine prohibits criminal prosecution for laws where it is impossible to ...
Constitutional law is a body of law which defines the role, powers, and structure of different entities within a state, namely, the executive, the parliament or legislature, and the judiciary; as well as the basic rights of citizens and, in federal countries such as the United States and Canada, the relationship between the central government ...
It's one of the most exciting possibilities in constitutional law right now: Many conservatives are clamoring to revive the long-dormant “nondelegation” doctrine, which liberal Supreme Court ...
The moral code can take any of the same forms as the constitution itself: written, unwritten, codified, uncodified, etc. Former Chief Justice of Indonesian Constitutional Court, Jimly Asshiddiqie, also wrote his book on "The Court of Ethics and Constitutional Ethics" (2014) advocating a new perspective on the 'rule of ethics' besides the ...
An unconstitutional constitutional amendment is a concept in judicial review based on the idea that even a properly passed and properly ratified constitutional amendment, specifically one that is not explicitly prohibited by a constitution's text, can nevertheless be unconstitutional on substantive (as opposed to procedural) grounds—such as due to this amendment conflicting with some ...