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advertencia de inconstitucionalidad

English translation: allegation of unconstitutionality

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19:09 Jul 8, 2008
Spanish to English translations [PRO]
Law/Patents - Law (general) / criminal law proceedings
Spanish term or phrase: advertencia de inconstitucionalidad
"Advertencia de inconstitucionalidad" de una parte contenida en el numeral XX del artículo YY del Código Judicial por ser la norma violatoria del Art ZZ de la Constitución.

En proceso penal por supuesta comisión de un delito contra la fe publica.

A literal translation would be a "warning of inconstitutionality" but I haven't found many references to it. I wonder if there are any more appropriate phrases.
Annie E
English translation:allegation of unconstitutionality
Explanation:
If this is merely a claim - and not a final decision - then "allegation" might be a good choice for "advertencia". Might depend on who is issuing this "advertencia" - a plaintiff (which would favor "allegation") or the court itself (which would favor some other term).

Some references:

"No allegation of unconstitutionality shall be made with regard to the same legal provision until ten years elapse after the publication in the Official ..."
http://books.google.com/books?id=1YDkjh7p-xYC&pg=PA1635&lpg=...

"Applicant's claim for damages resting solely on bare allegation of unconstitutionality..."
http://reports.fja.gc.ca/eng/2000/2001fc27673.html/2001fc276...

"... to suspend the enforcement of the articles at stake until final judgment of the action, based on the relevance of the allegation of unconstitutionality. ..."
http://vela.stf.gov.br/Jurisprudencia/abstratos/documento.as...

"Dicta to the effect that an allegation of unconstitutionality is irrelevant under the Anti-Injunction Act (Bailey v. George, 259 U.S. 16, 20..."
http://caselaw.lp.findlaw.com/scripts/usscft.pl?CiWebhitsFil...

"If the Constitutional Court dismisses an application on substantive grounds, no allegation of unconstitutionality shall be made with regard to the same ..."
http://www.codices.coe.int/NXT/gateway.dll?f=id$id=CODICESid%3Ar%3A10b1$cid=CODICESid$t=document-frame.htm$an=JD_E_TUR-2006-3-011$3.0

"No allegation of unconstitutionality can be made with respect to laws or law-amending ordinances made by the National Security Council under Act No..."
http://www.anayasa.gov.tr/eskisite/engconst/2949E.htm


Selected response from:

Donald Scott Alexander
Local time: 15:28
Grading comment
After consulting with the legal team providing this job they chose yoursuggestion as the most appropriate. Thanks for your help Scott.
3 KudoZ points were awarded for this answer

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Summary of answers provided
3 +2allegation of unconstitutionalityDonald Scott Alexander
2 +3warning / notice of unconstitutionality
Romado
3constitutional queryxxxjacana54
1declaration of unconstitutionality
andres-larsen


Discussion entries: 7





  

Answers


2 mins   confidence: Answerer confidence 2/5Answerer confidence 2/5 peer agreement (net): +3
warning / notice of unconstitutionality


Explanation:
otra opción

Romado
Local time: 09:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 15

Peer comments on this answer (and responses from the answerer)
agree  Edward Tully: I think "notice" fits best here...
2 hrs
  -> thanks

agree  Steven Huddleston: So do I, (notice), well done!
3 hrs
  -> thanks

agree  Mónica Sauza: Notice
5 hrs
  -> gracias
Login to enter a peer comment (or grade)

11 mins   confidence: Answerer confidence 1/5Answerer confidence 1/5
declaration of unconstitutionality


Explanation:
Chapter 2.70.090 Future declaration of unconstitutionality of Act.Chapter 2.70.090 Future declaration of unconstitutionality of Act. A. If the Illinois Supreme Court declares the act unconstitutional in its entirety, ...
www.columbiaillinois.com/municode/Title_2/70/090.html - 3k - Cached - Similar pages

Civil Disobedience - Google Books Resultby María José Falcón y Tella, Peter Muckley - 2004 - Political Science - 487 pages
We may say that the drawback is overcome because the legal course of a declaration of unconstitutionality is a positivist course, and even a realist one, ...
books.google.com/books?isbn=9004141219...

Corte costituzionale della Repubblica italiana - The Functions of ...Parliament can override a declaration of unconstitutionality only by ... It is often the case that a declaration of unconstitutionality affects only a ...
www.cortecostituzionale.it/versioni_in_lingua/eng/lacorteco... - 16k - Cached - Similar pages

G.R. No. 79732Not only the parties but all persons are bound by the declaration of unconstitutionality, which means that no one may thereafter invoke it nor may the ...
www.lawphil.net/judjuris/juri1993/nov1993/gr_79732_1993.htm... - 12k - Cached - Similar pages

Unconstitutional Regimes and the Validity of Sovereign Debt: A ... - Google Books Resultby Sabine Michalowski - 2007 - Law - 217 pages
... unconstitutionality of the challenged acts is not based on a direct link ... a petition for a declaration of unconstitutionality were to be successful. ...
books.google.com/books?isbn=0754647935...

Canada: Income Tax Act & GST: Unconstitutional?: Court CasesTaxpayer's appeal from striking of application for a declaration that the federal Income Tax Act is unconstitutional (taxpayer's appeal was dismissed). ...
www.ownlife.com/tax/cases.htm - 21k - Cached - Similar pages

[PDF] BRACE AND HALL STATE SUPREME COURT PROJECT PRELIMINARY RELIABILITY ...File Format: PDF/Adobe Acrobat - View as HTML
Declaration of Unconstitutionality under State - CA. 95.83%. Disposition of Lower Court's Decision Regarding. Conviction - CA ...
www.ruf.rice.edu/~pbrace/statecourt/rel1.pdf - Similar pages

[PDF] David P. Braun P.O. Box 222 Healy, Alaska 99743 (907) 683-2654 Pro seFile Format: PDF/Adobe Acrobat - View as HTML
3900 C Street Suite 1001. Anchorage, AK. 99503. Motion for Declaration of Unconstitutionality of 2002 Apportionment and Dismissal. ...
www.davidbraun.info/pdf/Motion and Memo for Declaration of ... - Similar pages

Insurance Rate Litigation: A Survey of Judicial Treatment of ... - Google Books Resultby Judith K. Mintel - 1983 - Business & Economics - 344 pages
In today's novel declaration of unconstitutionality in futuro. for lack of procedural safeguards, the majority initiated inquiry, defined issues and ...
books.google.com/books?isbn=0898381398...


andres-larsen
Venezuela
Local time: 10:28
Specializes in field
Native speaker of: Native in EnglishEnglish
PRO pts in category: 113
Login to enter a peer comment (or grade)

12 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +2
allegation of unconstitutionality


Explanation:
If this is merely a claim - and not a final decision - then "allegation" might be a good choice for "advertencia". Might depend on who is issuing this "advertencia" - a plaintiff (which would favor "allegation") or the court itself (which would favor some other term).

Some references:

"No allegation of unconstitutionality shall be made with regard to the same legal provision until ten years elapse after the publication in the Official ..."
http://books.google.com/books?id=1YDkjh7p-xYC&pg=PA1635&lpg=...

"Applicant's claim for damages resting solely on bare allegation of unconstitutionality..."
http://reports.fja.gc.ca/eng/2000/2001fc27673.html/2001fc276...

"... to suspend the enforcement of the articles at stake until final judgment of the action, based on the relevance of the allegation of unconstitutionality. ..."
http://vela.stf.gov.br/Jurisprudencia/abstratos/documento.as...

"Dicta to the effect that an allegation of unconstitutionality is irrelevant under the Anti-Injunction Act (Bailey v. George, 259 U.S. 16, 20..."
http://caselaw.lp.findlaw.com/scripts/usscft.pl?CiWebhitsFil...

"If the Constitutional Court dismisses an application on substantive grounds, no allegation of unconstitutionality shall be made with regard to the same ..."
http://www.codices.coe.int/NXT/gateway.dll?f=id$id=CODICESid%3Ar%3A10b1$cid=CODICESid$t=document-frame.htm$an=JD_E_TUR-2006-3-011$3.0

"No allegation of unconstitutionality can be made with respect to laws or law-amending ordinances made by the National Security Council under Act No..."
http://www.anayasa.gov.tr/eskisite/engconst/2949E.htm




Donald Scott Alexander
Local time: 15:28
Native speaker of: Native in EnglishEnglish
PRO pts in category: 31
Grading comment
After consulting with the legal team providing this job they chose yoursuggestion as the most appropriate. Thanks for your help Scott.

Peer comments on this answer (and responses from the answerer)
agree  Maru Villanueva
24 mins

agree  Nelida Kreer
4 hrs
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21 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5
constitutional query


Explanation:
In your case, the judge would ask the Supreme Court if the law he is about to apply is unconstitutional.



--------------------------------------------------
Note added at 28 mins (2008-07-08 19:37:59 GMT)
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"The most important power of constitutional courts...is their exercise of abstract judicial review, that is, the method of considering a statutory rule not in the actual context of a specific case but rather in abstracto...in addition exercise the power of concrete review initiated by other courts,, which, when faced with doubt as to the constitutionality of a law they are about to apply in a case before them, are obliged to suspend the proceeding and address their ***constitutional query***to the Constitutional Court"
http://books.google.com.ar/books?id=-mmoAOiC3LoC&pg=PA5&lpg=...

--------------------------------------------------
Note added at 31 mins (2008-07-08 19:41:25 GMT)
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I had trouble copying that, it refers to Germany, Italy and Spain

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Note added at 36 mins (2008-07-08 19:46:28 GMT)
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If it's not about Spain; if it is about Panama, this might prove interesting:
www.bibliojuridica.org/libros/1/113/34.pdf

but my suggestion would be the same.


--------------------------------------------------
Note added at 11 hrs (2008-07-09 06:37:23 GMT)
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The article about Panama is interesting in that it cites very famous legal thinkers (Fix-Zamudio, Gelsi Bidart, Bielsa who went on to be minister of foreign affairs of Argentina) and at it also says that in their legislation "advertencia constitutional" is a synonym for "consulta constitucional" which is why I suggest this answer.

Otherwise I would agree with Scott's answer; but I tried to provide a term in line with your source text.


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Note added at 11 hrs (2008-07-09 06:54:04 GMT)
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The term also appears in internet searches:
http://caselaw.lp.findlaw.com/cgi-bin/getcase.pl?court=US&na...
"To be sure, the question whether an Act is civil or punitive in nature "is initially one of statutory construction." ...However, under the majority's analysis, there is no inquiry beyond that of statutory construction. Ante, at 11. In essence, the majority argues that because the ***constitutional query*** must be answered definitively and because ..."

xxxjacana54
Uruguay
Specializes in field
Native speaker of: Native in SpanishSpanish
PRO pts in category: 108
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