constitutional question
constitutional question. A legal issue resolvable by the interpretation of a constitution, rather than a statute.
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constitutional questions
constitutional questions 宪法性问题 指须由宪法解释予以确定的法律问题，区别于一般性法律问题，如美国宪法第四条修正案中关于搜查和扣押的问题。
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constitutionality
constitutionality, n. The quality or state of being constitutional (the constitutionality of the senator’s bill is questionable).
political question doctrine
political-question doctrine. The judicial principle that a court should refuse to decide an issue involving the exercise of discretionary power by the executive or legislative branch of government. [Cases: Constitutional Law 68. C.J.S. Constitutional Law § 176.]
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political question
political question. A question that a court will not consider because it involves the exercise of discretionary power by the executive or legislative branch of government. — Also termed nonjusticiable question. Cf. JUDICIAL QUESTION . [Cases: Constitutional Law 68. C.J.S. Constitutional Law § 176.]
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constitutionalize
constitutionalize, vb. 1. To provide with a constitution (constitutionalize the new government). 2. To make con-stitutional; to bring in line with a constitution (the court plans to constitutionalize the segregated school district). 3. To make a constitutional question out of (a question of law); to subject (issue, etc.) to the burden of passing constitutional muster
ashwander rules
Ashwander rules. A set of principles outlining the U.S. Supreme Court’s policy of deciding constitutional questions only when necessary, and of avoiding a constitutional question if the case can be decided on the basis of another issue. • These rules were outlined in Justice Brandeis’s concurring opinion in Ashwander v. Tennessee Valley Authority, 297 U.S.
concilium plebis
concilium plebis (k[schwa]n-sil-ee-[schwa]m plee-bis). [Latin “assembly of the people”] Roman law. An assembly of the plebs gathered together to enact legislation. — Often shortened to concilium. See PLEBISCITUM. Cf. comitia tributa under COMITIA. “Legislation was carried on to some extent by the Comitia Tributa and in an increasing degree by the assembly of the plebs
Pullman abstention
A federal court’s decision to abstain so that state courts will have an opportunity to settle an underlying state-law question whose resolution may avert the need to decide a federal constitutional question. Railroad Comm’n v. Pullman Co., 312 U.S. 496, 61 S.Ct. 643 (1941). [Cases: Federal Courts 43, 46.]
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pretermit
pretermit (pree-t[schwa]r-mit), vb. 1. To ignore or disregard purposely (the court pretermitted the constitutional question by deciding the case on procedural grounds). 2. To neglect, overlook, or omit accidentally (the third child was pretermitted in the will). • Although in ordinary usage sense 1 prevails, in legal contexts (esp. involving heirs) sense 2 is usual.