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The Supreme Court of the United States has interpreted the Case or Controversy Clause of Article III of the United States Constitution (found in Art. III, Section 2, Clause 1) as embodying two distinct limitations on exercise of judicial review: a bar on the issuance of advisory opinions, and a requirement that parties must have standing.
Section 2 of Article Three delineates federal judicial power. The Case or Controversy Clause restricts the judiciary's power to actual cases and controversies, meaning that federal judicial power does not extend to cases which are hypothetical, or which are proscribed due to standing, mootness, or ripeness issues. Section 2 states that the ...
The United States Constitution and its amendments comprise hundreds of clauses which outline the functioning of the United States Federal Government, the political relationship between the states and the national government, and affect how the United States federal court system interprets the law. When a particular clause becomes an important ...
For example, the Case or Controversy Clause of Article Three of the United States Constitution (Section 2, Clause 1) states that "the judicial Power shall extend ... to Controversies to which the United States shall be a Party". This clause has been deemed to impose a requirement that United States federal courts are not permitted to cases that ...
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The Case or Controversy Clause of Article III, Section II states that "The judicial Power [of the Supreme Court and such inferior courts the Congress ordains and establishes] shall extend to all Cases, in Law and Equity, arising under this Constitution...
In Canadian law, a reference question or reference case (formally called abstract review) [1] is a submission by the federal or a provincial government to the courts asking for an advisory opinion on a major legal issue. Typically the question concerns the constitutionality of legislation.
In Article III, Section II, the Case or Controversy Clause states "The judicial Power [of the Supreme Court and such inferior courts the Congress ordains and establishes] shall extend to all Cases, in Law and Equity, arising under this Constitution... [and] the Laws of the United States... to Controversies to which the United States shall be a ...