Advisory Opinion re Constitutionality of 1974 PA 272
Opinion of the Court
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On order of the Court, the request by the Governor for an advisory opinion on 1974 PA 272 is hereby considered. The Court respectfully declines such request because the questions presented concerning constitutional issues under §§ 2, 3, and 5 of Art I of the Constitution are so broad that any advisory opinion of the Court would depend for resolution on whatever particular factual situations the Court would be forced to hypothesize. The Court would be forced to deal with the constitutional issues abstractly, in terms of sterile legal questions. The risk is too great in this instance. The Court’s conclusions would be sterile and unrelated to the actualities which only future events will réveal. See Advisory Opinion re Constitutionality of1972PA 294, 389 Mich 441, 482-487 (1972).
T. M. Kavanagh, J., not participating.
How later courts describe this case
Explanatory parentheticals written by citing courts — 2 in all; the most informative distinct ones are shown.
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(refusing to issue an advisory opinion where “[t]he questions ‘are so broad that any advisory opinion of the Court would depend for resolution on whatever particular factual situations the Court would be forced to hypothesize”)
Cited by 8 cases
View all citing references →Relies on it most ⓘ
- Request for Advisory Opinion on the Constitutionality of 1979 PA 57
- Advisory Opinion on Constitutionality of 1976 Pa 240
- Advisory Opinion on Constitutionality of 1986 Pa 281
- Advisory Opinion Re Constitutionality of 1974 PA 242
- Request for Advisory Opinion on Constitutionality of 1975 PA 227
- In re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71
Most recent
- In re Advisory Opn on 2018 Pa 368-9 (Senate)
- In re Advisory Opinion on 2018 Pa 368 & 369
- In re Request for Advisory Opinion Regarding Constitutionality of 2005 Pa 71
- Advisory Opinion on Constitutionality of 1986 Pa 281
- Request for Advisory Opinion on the Constitutionality of 1979 PA 57
- Advisory Opinion on Constitutionality of 1976 Pa 240
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