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ação direta de inconstitucionalidade

English translation: a direct challenge or claim or action brought on grounds of unconstituionality

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15:22 Jan 18, 2004
Portuguese to English translations [Non-PRO]
Law/Patents
Portuguese term or phrase: ação direta de inconstitucionalidade
Brazilian Portuguese for challenging as inconstitutional some act or initiative
Roberto Lehmann
English translation:a direct challenge or claim or action brought on grounds of unconstituionality
Explanation:
I am changing this because I sudddenly realized that action means a court case...rather than action committed by an individual


Anyway, it "unconstitutional"



--------------------------------------------------
Note added at 2004-01-18 17:01:49 (GMT)
--------------------------------------------------

... Constitutional Court has power to challenge legislation on grounds of unconstitutionality. ... a
system of proportional and direct representation to ...
en.wikipedia.org/wiki/Politics_of_Hungary - 13k - Cached - Similar pages

Hungary - Wikipedia
... Court has power to challenge legislation on grounds of unconstitutionality. ... firms
is widespread, with cumulative foreign direct investment totaling ...
en.wikipedia.org/wiki/Hungary - 36k - Cached - Similar pages

globalEDGE (TM) | country insights - Government of Hungary
... Constitutional Court has power to challenge legislation on grounds of unconstitutionality. ... consistent
since 1990, represent a direct response to ...
globaledge.msu.edu/ibrd/ CountryGovt.asp?CountryID=56&RegionID=2 - 30k - Cached - Similar pages

Recommendations of the Administrative Conference of the United ...
... is that the rule will be subject to challenge on the ... or are otherwise unable to seek
direct review, while ... When objections on procedural grounds are raised early ...
www.law.fsu.edu/library/admin/acus/305827.html - 25k - Cached - Similar pages

Introduction
... A. Two Grounds for Unconstitutionality: Undue Burden and Lack ... 30 The new federal ban,



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Note added at 2004-01-18 18:33:32 (GMT)
--------------------------------------------------

In English, you really have to say:

action BROUGHT ON GROUNDS OF, otherwise it does not makes sense. It sounds like the action itself is unconstitutional whereas the action is being brought on grounds of unconstitutionality..the action is not unconstitutional....:)
Selected response from:

Jane Lamb-Ruiz
Grading comment
this was a very good answer, I had marked this expression as something I would have had some trouble translating, and used it to test and evaluate this service (ProZ, I mean), which I had never used before and seems quite useful. Unfortunately I usually stumble on something I don't know without having the time to wait for an answer, but maybe I'll be able to use and maybe even contribute with others. Thanks
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +4a direct challenge or claim or action brought on grounds of unconstituionalityJane Lamb-Ruiz
5 +1Direct Action of Inconstitutionalityrhandler
4[direct] constitutional[ity] challengeAmilcar


  

Answers


4 mins   confidence: Answerer confidence 5/5 peer agreement (net): +1
Direct Action of Inconstitutionality


Explanation:
See this example:

Instituto Socioambiental - Update News
... of the amnesty set forth on article 10 of the precedent versions of the PM 2
126 was disputed in the Direct Action of Inconstitutionality, ADIN 2 289/00 ...
www.socioambiental.org/website/noticias/ english/rights/20010705.html

--------------------------------------------------
Note added at 2004-01-18 15:28:58 (GMT)
--------------------------------------------------

An option would be \"appeal of inconstitutionality\" as illustrated by this example:

Dominican Republic Divorce, Real Estate, Information, Immigration ...
... Said ruling is given in response to an appeal of inconstitutionality brought by the President of the Republic dated December 28, 2001. ...
www.phlaw.com/english/legal-news/ en/2002/02ln-feb02.php

--------------------------------------------------
Note added at 2004-01-18 18:28:57 (GMT)
--------------------------------------------------

Please consider this answer as : DIRECT ACTION OF UNCONSTITUTIONALITY, as per Webster\'s definition:

unconstitutional (-kan ste tosen el)
adj.
not in accordance with or permitted by a constitution, specif. the U.S. Constitution; not constitutional
unconstitutionality (-se nale te)
n.
unconstitutionally
adv.



--------------------------------------------------
Note added at 2004-01-18 23:29:48 (GMT)
--------------------------------------------------

Roberto: the ADIN (Direct Action of Unconstitutionality) is used specifically against a law, not just any act or initiative.

As António pointed out, there are many examples in Google. Here are some (the second from a Swiss site, the third from an American site):

[PDF] LAWGICO
File Format: PDF/Adobe Acrobat - View as HTML
... CONSTITUTION. ARTICLE 132, I, “B” OF THE ORGANIC LAW OF THE FEDERAL DISTRICT. DIRECT ACTION OF UNCONSTITUTIONALITY. Page 8. PEIXOTO ...
www.lawgico.com.br/pdf/lawgicotax13-ing.PDF

Paraná (Brazil)
... to him by article 87, clause V of the State Constitution, and considering the definitive judicial decision relating to Direct Action of Unconstitutionality no. ...
atlasgeo.span.ch/fotw/flags/br-pr.html

[PDF] GAIN Report
File Format: PDF/Adobe Acrobat - View as HTML
... Association of Food Industries, based in Sao Paulo. ADIN - Direct Action of Unconstitutionality. A legal instrument used to challenge laws ...
www.fas.usda.gov/gainfiles/200310/145986266.pdf

Marthius Savio Lobato (English)
... (Direct Action of Unconstitutionality #1121-9 - Rio Grande do Sul - Relator Minister CELSO DE MELO, published in DJ of 06/10/95)\"(.. II - Liberty and Union ...
laboris.uqam.ca/conference/textes/lobato_eng.htm

Universidade de Brasília
... focus. 3.1 - DIRECT ACTION OF UNCONSTITUTIONALITY no. 313. On June 15 th , the president Fernando Collor issued the Decree no. 99.300 ...
www.gwu.edu/~ibi/minerva/Fall1998/Lilian.Faria.html


--------------------------------------------------
Note added at 2004-01-18 23:31:22 (GMT)
--------------------------------------------------

When I said \"the ADIN (Direct Action of Unconstitutionality) is used specifically against a law\", I meant law, decree and similar acts.


    www.socioambiental.org/website/noticias/ english/rights/20010705.html
rhandler
Local time: 18:35
Native speaker of: Portuguese
PRO pts in pair: 7949

Peer comments on this answer (and responses from the answerer)
neutral  Jane Lamb-Ruiz: inconstitutional is a bad translation into English, IMO
1 hr
  -> You are right. Make it unconstitutional, then.

agree  António Ribeiro: DIRECT ACTION OF UNCONSTITUTIONALITY - vários exemplos na "bíblia".
7 hrs
  -> Obrigado, António.
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +4
a direct challenge or claim or action brought on grounds of unconstituionality


Explanation:
I am changing this because I sudddenly realized that action means a court case...rather than action committed by an individual


Anyway, it "unconstitutional"



--------------------------------------------------
Note added at 2004-01-18 17:01:49 (GMT)
--------------------------------------------------

... Constitutional Court has power to challenge legislation on grounds of unconstitutionality. ... a
system of proportional and direct representation to ...
en.wikipedia.org/wiki/Politics_of_Hungary - 13k - Cached - Similar pages

Hungary - Wikipedia
... Court has power to challenge legislation on grounds of unconstitutionality. ... firms
is widespread, with cumulative foreign direct investment totaling ...
en.wikipedia.org/wiki/Hungary - 36k - Cached - Similar pages

globalEDGE (TM) | country insights - Government of Hungary
... Constitutional Court has power to challenge legislation on grounds of unconstitutionality. ... consistent
since 1990, represent a direct response to ...
globaledge.msu.edu/ibrd/ CountryGovt.asp?CountryID=56&RegionID=2 - 30k - Cached - Similar pages

Recommendations of the Administrative Conference of the United ...
... is that the rule will be subject to challenge on the ... or are otherwise unable to seek
direct review, while ... When objections on procedural grounds are raised early ...
www.law.fsu.edu/library/admin/acus/305827.html - 25k - Cached - Similar pages

Introduction
... A. Two Grounds for Unconstitutionality: Undue Burden and Lack ... 30 The new federal ban,



--------------------------------------------------
Note added at 2004-01-18 18:33:32 (GMT)
--------------------------------------------------

In English, you really have to say:

action BROUGHT ON GROUNDS OF, otherwise it does not makes sense. It sounds like the action itself is unconstitutional whereas the action is being brought on grounds of unconstitutionality..the action is not unconstitutional....:)

Jane Lamb-Ruiz
Native speaker of: Native in EnglishEnglish, Native in PortuguesePortuguese
PRO pts in pair: 3273
Grading comment
this was a very good answer, I had marked this expression as something I would have had some trouble translating, and used it to test and evaluate this service (ProZ, I mean), which I had never used before and seems quite useful. Unfortunately I usually stumble on something I don't know without having the time to wait for an answer, but maybe I'll be able to use and maybe even contribute with others. Thanks

Peer comments on this answer (and responses from the answerer)
agree  Sormane Fitzgerald Gomes: This definitely sounds more English.
2 hrs

agree  xxxKirstyMacC: In GB: application for judicial review but too parochial, esp. if the asker in the US etc.
5 hrs
  -> no, I think it's suite Counsel...they are bringing suit because something is view as unconstitutional, not judicial review..that's different

agree  Claudio Mazotti: seems perfect to me...
17 hrs

agree  nothing
21 hrs
Login to enter a peer comment (or grade)

2 days5 hrs   confidence: Answerer confidence 4/5Answerer confidence 4/5
[direct] constitutional[ity] challenge


Explanation:
.

--------------------------------------------------
Note added at 2004-01-20 20:56:05 (GMT)
--------------------------------------------------

\"Direct\" would not be usually used in the eng space, but it is an important qualification in br law, so it should be preserved in the translation.

Amilcar
Native speaker of: Native in PortuguesePortuguese
PRO pts in pair: 196
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