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I would hold that there are required to be three judges and a direct appeal to this Court only when the exclusive ground of attack upon a state statute is direct and immediate collision with the Constitution, thus seeking a constitutional decision in order that relief be granted.
The First Amendment analysis in Hanson was thin, and Street was not a constitutional decision.
Finally, there was a statutory rather than constitutional decision that involved the press.
A momentous constitutional decision was taken by the high court of England and Wales this morning.
2926, 37 L.Ed.2d 873 (1973), all have in common a particular factual predicate: a previous constitutional decision of this Court governs the facts of an earlier decided case unless the constitutional decision is not to have retroactive effect.
A half century ago, the Supreme Court handed down what was arguably its most important Constitutional decision ever.
Similar(22)
Second, the American system of jurisprudence links all landmark constitutional decisions to the language of the Constitution itself and often to the "original intent" of the framers.
The basic argument of my essay is that the global purposes of the Constitution should be relevant in making hard Constitutional decisions.
"The need to make room for democratic decision-making argues for judicial modesty in constitutional decision-making, a form of judicial restraint," he writes.
Andrew Siegel, a Stevens clerk and now a law professor at Seattle University, said, "Stevens believes that constitutional decision-making is conducted through the interpretation of a mix of various sources — a complex balancing act".
In practice, the internationalist camp argues for the prudent use of international legal materials in constitutional decision-making — not only for purposes of rhetoric and persuasion but also to provide rules and principles to help actually decide cases.
More suggestions(15)
formation decision
consultation decision
constitutional design
constitutional amendment
constitutional Ignorance
constitutional process
constitutional crisis
constitutional change
constitutional standard
constitutional justice
constitutional nightmare
constitutional problem
constitutional pragmatist
constitutional issue
constitutional assembly
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com