This case has been cited 1 times or more.
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2014-07-22 |
BRION, J. |
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| This means that the petitioner who claims the unconstitutionality of a law has the burden of showing first that the case cannot be resolved unless the disposition of the constitutional question that he raised is unavoidable. If there is some other ground upon which the court may rest its judgment, that course will be adopted and the question of constitutionality should be avoided.[22] Thus, to justify the nullification of a law, there must be a clear and unequivocal breach of the Constitution, and not one that is doubtful, speculative or argumentative.[23] | |||||