Constitutionality - Law Dictionary Search Results
Home Dictionary Name: constitutionalityConstitutionality of law
Constitutionality of law, is the law being in accordance with the provisions of the Constitution of a Country. The constitutionality of a law can be challenged only by the person directly affected, Chiranji Lal v. Union of India, AIR 1951 SC 41.Constitutionality of law, on person can challenge a statute affecting bone vacantia, Bombay Dyeing v. State of Bombay, AIR 1958 SC 328....
Common law constitutionalism
Common law constitutionalism, the protection of fundamental constitutional right through the common law is the main feature of common law constitutionalism, I.R. COELHO v. State of Tamil Nadu, (2007) 2 SCC 1....
constitutionality
constitutionality : the quality or state of being constitutional ;esp : conformity with the provisions of a constitution [questioned the of the income tax] ...
Constitutionalism
Constitutionalism, requires control over the exercise of governmental power to ensure that it does not destroy the democratic principles upon which it is based, I.R. Coelho v. State of Tamil Nadu, (2007) 2 SCC 1....
Novell'
Novell', those constitutions of the Civil law which were made after the publication of the Theodosian code; but sometimes the Julian edition only is meant.Novell', or Novell' Constitutiones, from a part of the Corpus Juris. Most of them were published in Greek, and their Greek title is Avtokpatopos' Invotiviavov Auyovotov nepai Siataeves. Some of them were published in Latin, and some in both languages.The first of these Novell' of Justinian belongs to the year A.D. 535 (Nov. 1), and the latest on the year A.D. 565 (Nov. 137), but most of them were published between the years 535 and 539. These Constitutiones were published after the completion of the second edition of the Code, for the purpose of supplying what was deficient in that work. Indeed, it appears that on the completion of his second edition of the new Code, the emperor designed to form many new constitutions which he might publish into a body by themselves, so as to render a third revision of the Code unnecessary, and that ...
abstention
abstention : the staying of the exercise of federal jurisdiction in a case that involves a question of state law or policy which the federal court prefers to have resolved by a state court or agency Bur·ford abstention [bər-fərd-] : an abstention grounded on the involvement in the federal case of a challenge to the exercise of a usually complex state administrative function Col·o·ra·do Riv·er abstention [kÄ -lə-ra-dō-, -rÄ -] : an abstention grounded esp. on the involvement in the federal case of questions of state concern that are also at issue in a parallel case in state court Pull·man abstention [pl-mən-] : an abstention grounded on the involvement in the federal case of the interpretation of an ambiguously worded state law whose constitutionality would have to be determined by the federal court NOTE: A party to a case subjected to a Pullman abstention may reserve the right to return to federal court once the st...
balancing test
balancing test : a test in which opposing rights, interests, or policies are assigned a degree or level of importance and the ruling of the court is determined by which is considered greater NOTE: Balancing tests are often used for determining the constitutionality of laws and regulations touching on constitutional rights. ...
case
case [Latin casus accident, event, set of circumstances, literally, act of falling] 1 a : a civil or criminal suit or action [the judicial power shall extend to all s, in law and equity, arising under this Constitution "U.S. Constitution art. III"] see also controversy case at bar : a case being considered by the court [the facts of the case at bar] case of first im·pres·sion : a case that presents an issue or question never before decided or considered by the court com·pan·ion case : a case that is heard with another case because it involves similar or related questions of law test case 1 : a representative case whose outcome will serve as precedent for future cases and esp. for pending cases involving similar or related issues or circumstances and often some of the same parties NOTE: A test case is selected from a number of cases in order to avoid a flood of litigation. All of the parties to the cases must agree to accept the outcome of the test case as bi...
review
review : a judicial reexamination and reconsideration of the legality or constitutionality of something (as the proceedings of a lower tribunal or a legislative enactment or governmental action) see also judicial review vt : to reexamine judicially re·view·abil·i·ty [-vyü-ə-bi-lə-tē] n re·view·able [ri-vyü-ə-bəl] adj ...
scrutiny
scrutiny pl: -nies : searching study or inquiry ;specif : judicial investigation of the constitutionality of a statutory classification of persons under the equal protection clause of the U.S. Constitution see also intermediate, strict scrutiny compare rational basis test ...
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