Rule of Avoidance - United States Law

United States Law

The rule of avoidance employed by the United States Supreme Court is a principle, settled in Ashwander v. TVA (297 US 288, 346-347 (1936)), that where a controversy may be settled on a platform other than one involving constitutional adjudication, the court should avoid the constitutional question.

This principle is also used in Irish law: see Carmody v Minister for Justice.

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