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These statutes expressly provide for "judicial determination" of any contest to determine the rightful winner of an election.
Nuccio v. Williams, issues about "the legality of the vote [are] for judicial determination, if duly presented in appropriate proceedings".
That does not, I respectfully suggest, at all deal with the question of deference to the voter intent determination, which the court has repeatedly said is a matter for judicial determination.
In fact, in oral argument on Dec. 7, 2000, counsel for Bush agreed that the contest provisions contained in the Florida Election Code have placed such proceedings within the arena for judicial determination, which includes the established procedures for appellate review of circuit court determinations.
"The parties continue to discuss measures that would obviate the need for judicial determination of this appeal, including potential legislative action," attorneys for both parties wrote to the appeals court.
Similar(54)
Colorado law allows a government official in an uncertain case to file a petition for a judicial determination of whether a requested document should be available under CORA.
For that examination highlights that precise stipulations of what is illegal are the sine qua non for making judicial determinations.
Some of these petitioners have been in custody for six years with no definitive judicial determination as to the legality of their detention.
Possibly a middle ground can be found for temporary constraints on citizenship rights pending judicial determination.
In the Oregon case, for example, a judge ruled that it had been unconstitutional to detain a woman for two weeks without requisite probable cause or judicial determination.
Joseph S. Rosenthal, a lawyer for the supermarket, said that there had been no judicial determination against the store and that labor department officials had miscalculated the amount owed.
Related(20)
for judicial discretion
for judicial insistence
for judicial activism
for judicial supremacy
for judicial discipline
for judicial pay
for judicial compensation
for pedigree determination
for judicial reform
for judicial independence
for judicial intervention
for judicial openness
for judicial campaign
for judicial oversight
for judicial authorisation
for judicial investigation
for local determination
for judicial misconduct
for judicial involvement
for judicial review
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com