Monday, July 11, 2011

Lis Mota

The Court will not pass upon a question of unconstitutionality, although properly presented, if the case can be disposed of on some other ground, such as the application of the statute or the general law. The petitioner must be able to show that the case cannot be legally resolved unless the constitutional question raised is determined. Every law has in its favor the presumption of constitutionality; to justify its nullification, there must be a clear and unequivocal breach of the constitution, and not one that is doubtful, speculative or argumentative.

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