Re: Constitutional Challenge to (C) Code

On 4/2/98, Terry Carroll <carroll[_at_]tjc.com> wrote:
>
> The idea is that you don't want the courts to issue advisory opinions on
> the law. You only want them issuing opinions when there is a real case
> with real parties advocating their real positions. That's the essence
> of what the judicial power is. An advisory opinion is essentially
> legislation.

I think that's a bit harsh. An advisory opinion, properly used, avoids the need for litigation by private parties over the facial constitutionality of a statute. That's essentially how it goes in Massachusetts, where advisory opinions are expressly permitted by the state constitution.

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