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Presumption of constitutionality information


In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature to be constitutional, unless the law is clearly unconstitutional or a fundamental right is implicated.[1]

  1. ^ Gillian E. Metzger & Trevor W. Morrison, "The Presumption of Constitutionality and the Individual Mandate" in The Health Care Case: The Supreme Court's Decision and Its Implications (eds. Nathaniel Persily, Gillian E. Metzger & Trevor W. Morrison: Oxford University Press, 2013), p. 136.

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Presumption of constitutionality

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In constitutional law, the presumption of constitutionality is the legal principle that the judiciary should presume statutes enacted by the legislature...

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Presumption

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In law, a presumption is an "inference of a particular fact". There are two types of presumptions: rebuttable presumptions and irrebuttable (or conclusive)...

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Presumption of innocence

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The presumption of innocence is a legal principle that every person accused of any crime is considered innocent until proven guilty. Under the presumption...

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Deference

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anbehav.2011.12.007. S2CID 3415520. Foley, Deference and the Presumption of Constitutionality (Dublin: IPA, 2008) Zuckerman, Michael. "Endangered Deference...

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Restoring the Lost Constitution

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Constitution: The Presumption of Liberty is a 2003 book about the United States Constitution written by Randy Barnett, a professor of law at the Georgetown...

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Presumption of death

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presumption of death occurs when a person is believed to be dead, despite the absence of direct proof of the person's death, such as the finding of remains...

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Judicial review in India

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power of judicial review. Judicial self-restraint concerning legislative power manifests in the form of the presumption of constitutionality of the challenged...

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Strict scrutiny

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Due Process Clause. Presumption of constitutionality doesn't apply under strict scrutiny; the burden to prove the constitutionality of a law shifts to the...

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Judicial review in the United States

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deemed unconstitutional in case of a clear contradiction until the twentieth century, this presumption of constitutionality weakened somewhat during the...

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Judicial review

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declare its constitutionality; as in the Czech Republic, there is a constitutional court in charge of reviewing the constitutionality of primary legislation...

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Constitution of Singapore

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of the Constitution should be interpreted generously, Singapore courts usually adopt a philosophy of deference to Parliament and a strong presumption...

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List of landmark court decisions in the United States

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afforded a presumption of constitutionality. Espinoza v. Montana Department of Revenue, 591 U.S. ___ (2020) A state's "no aid" constitutional provision...

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Constitutional Court of Sint Maarten

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interpretations are concerned. A presumption of constitutionality exists: when the act can be interpreted in a way that is constitutional, then it will follow that...

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Lochner era

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that laws passed to regulate such matters are entitled to a presumption of constitutionality. Black, in a 1949 opinion upholding a state law prohibiting...

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History of ACORN in the United States

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bills of attainder, the lack of a non-punitive regulatory purpose for the legislation may give a court "sufficient basis to overcome the presumption of constitutionality...

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Prosecutorial vindictiveness

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but for the defendant's exercise of a constitutional or statutory right. The Fifth Circuit has held that a presumption of vindictiveness exists where there...

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Article 12 of the Constitution of Singapore

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normal protections of the political process, a more exacting standard of judicial review with no presumption of constitutionality should be applied. At...

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The Urban Lawyer

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often: Daniel R. Mandelker & A. Dan Tarlock, Shifting the Presumption of Constitutionality in Land-Use Law, 24 Urb. Law. 1 (1992) Daniel R. Mandelker...

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Public Prosecutor v Taw Cheng Kong

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of legislation contravenes Article 12, there needs to be a presumption that an impugned law is constitutional. This presumption of constitutionality stems...

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List of United States Supreme Court cases by the Roberts Court

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a partial chronological list of cases decided by the United States Supreme Court during the Roberts Court, the tenure of Chief Justice John Roberts from...

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