| Rod L. Evans, Mark Hance - 1998 - 482 páginas
...288, 346-48 (Brandéis, J., concurring) ("[I]fa serious doubt of constitutionality is raised, . . . this court will first ascertain whether a construction...possible by which the question may be avoided."); Schneider v. Smith, 390 US (1968), p. 17 (Act delegating executive officials authority to safeguard... | |
| Edward A. Purcell - 2000 - 446 páginas
...Finally, the Court would not pass upon the constitutionality of a statute without first ascertaining "whether a construction of the statute is fairly possible by which the question may be avoided." 40 Those rules of judicial restraint appealed to Brandéis for a variety of reasons. First, they conformed... | |
| Ralph Alexander Lorz - 2001 - 770 páginas
...Court, 331 US 549 (1947), 569; constitutional issues affecting legislation will not be determined .., if a construction of the statute is fairly possible by which the question may be avoided." Vgl. a. schon das Sondervotum von Justice Brandeis in Ashwander v. Tennessee Valley Authority, 297... | |
| Ian Shapiro - 2001 - 316 páginas
...post, p. 464; Doe v. Bolton, 410 US 179 (1973); Roe v. Wade, 410 US 113 (1973). Since the Court should "first ascertain whether a construction of the statute is fairly possible by which the [constitutional] question may be avoided," Ashwander v. TVA, 297 US 288, 341, 348 (1936) (Brandeis,... | |
| Mathew D. Clark - 2002 - 92 páginas
...validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court...question may be avoided" Crowell v. Benson, 285 US 22, 62 (1932). 14 In Federal Communications Commission v. Paciflca Foundation, 438 US 726, 749-750 ( 1 978),... | |
| Jeffrey A. Segal, Harold J. Spaeth - 2002 - 484 páginas
...validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court...statute is fairly possible by which the question may be avoided.126 It conveniently enables the Court to concurrently disregard plain meaning and intent in... | |
| Michael Meyerson - 2002 - 304 páginas
...validity of an act of Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court will first ascertain whether a construction of a statute is fairly possible by which the question may be avoided." 167 When the Supreme Court interprets... | |
| Henry Cohen - 2003 - 60 páginas
...validity of an act of the Congress is drawn in question, and even if a serious doubt of constitutionality is raised, it is a cardinal principle that this Court...may be avoided." Crowell v. Benson, 285 US 22, 62 (1932). In Federal Communications Commission v. Pacifica Foundation, 438 US 726, 749-750 (1978), the... | |
| Thijmen Koopmans - 2003 - 332 páginas
...validity of an Act of Congress is drawn in question, and even if serious doubt of constitutionality is raised, it is a cardinal principle that this Court...fairly possible by which the question may be avoided. 65 BVerfGE 1 no. 27, Parlementarische Geschciftsordnung, 1952. 66 See Schwarze, European Administrative... | |
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