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An advisory opinion of a court or other government authority, such as an election commission, is a decision or opinion of the body but which is non-binding in law and does not have the effect of adjudicating a specific legal case, but which merely legally advises on its opinion as to the constitutionality or interpretation of a law.
If it is not "apparent from the four corners” of the opinion that the judgment rests on an independent state law rule, then, unless it is “necessary or desirable” to obtain clarification from the state court itself, the Supreme Court will presume that the decision rested in part on federal law, thereby rendering it reviewable. Michigan v.
A ruling of nonjusticiability, in the end, prevents the issue that brought the case before the court from being resolved in a court of law. In the typical case where there is a finding of nonjusticiability due to the political question doctrine, the issue presented before the court is either so specific that the Constitution gives sole power to one of the political branches, or the issue ...
Justiciability concerns the limits upon legal issues over which a court can exercise its judicial authority. [1] It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists. [2]
Lichtman: 'I think she lost' During the last hour, as Lichtman and his son analyzed votes in swing state Pennsylvania, his son called the election.
Constitutional economics is a research program in economics and constitutionalism that has been described as extending beyond the definition of "the economic analysis of constitutional law" to explain the choice "of alternative sets of legal-institutional-constitutional rules that constrain the choices and activities of economic and political ...
Isgur is the main host of the legal podcast, Advisory Opinions, alongside permanent guest David French. Advisory Opinions follows Supreme Court cases and news as well as other important or unique cases in the circuit court of appeals, district courts, or occasionally state courts.
Positive economics focuses on the description, quantification and explanation of economic phenomena; [1] normative economics often takes the form of discussions about fairness and what the outcome of the economy or goals of public policy ought to be, [2] as well as prescriptions regarding rational choice (in decision theory).