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40) For example, David E Smith, "The Improvement of the Senate by Nonconstitutional Means" in Serge Joyal, ed, Protecting Canadian Democracy: The Senate You Never Knew (Ottawa: Canadian Centre for Management Development, 2003); and see Smith, supra note 8 at 5-18; JR Mallory, The Structure of the Canadian Government (Toronto: Gage Publishing Limited, 1984); CES (Ned) Franks, The Parliament of Canada (Toronto: University of Toronto Press, 1987); and Eugene Forsey, "Reform of the Canadian Senate" (1984) 65:1 The Parliamentarian at 47-51.
29) Bond did refer to a somewhat different principle, namely that if a case presents a constitutional and a nonconstitutional ground for decision, a court should prefer to dispose of the case on the nonconstitutional ground.
Jaconelli, supra note 116, at 26, 45 (noting that the distinction between nonconstitutional and constitutional conventions "has been very largely ignored" and contending that the latter must have some "inter-institutional" or "inter-party" dimension).
Though the constitution contained articles referring to rights, all these articles were limited by the phrase "according to the legal regulations", which rendered these rights nonconstitutional and made the laws supreme over the rights granted by the constitution.
846, 848-49, 854, 857 (1985) (refusing to proceed to the equal protection claim made by Haitians denied parole following Immigration and Naturalization Service decisions, deciding the case on narrower, nonconstitutional grounds).
Consultation is a constitutional imperative which cannot be limited by ordinary legislation to accommodate nonconstitutional concerns.
Some of those constraints are prudential, reflecting the role of the political question doctrine, unreviewability, nonconstitutional standing constraints, and deference to certain agency judgments.
47) Solicitor General Elena Kagan argued that a Fourth Circuit decision denying two illegal aliens the right to effective assistance of counsel in removal proceedings should be vacated and remanded because the court of appeals did not review whether the aliens had a nonconstitutional right to effective counsel; she did not, however, argue that the Fourth Circuit's judgment was incorrect.
In this great country, which as a veteran I defended, we have three distinct branches of government with checks and balances to restrain nonconstitutional and nondemocratic power grabs, but by far the greatest of those checks and balances is the voting booth.
9) "Where institutional resources are available for constitutional change, an entity that comes into being by displacing or destroying a legitimate state by nonconstitutional means is itself illegitimate".
Judicial--Constitutional Court interprets and decides constitutional issues; Supreme Court of Appeal is the highest court for interpreting and deciding nonconstitutional matters.
critiquing the district court's approach in regard to the nonconstitutional remittitur matter).