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History
- Opinion referred to judiciary
- To attorney-general for opinion
- Referred to judiciary
Full text
The text isn't available here yet. Check nysenate.gov.
Sponsor's memo
BILL NUMBER:A9726
Title of bill
CONCURRENT RESOLUTION OF THE SENATE AND ASSEMBLY proposing an amendment to article 1 of the constitution, in relation to the right of judicial determinations on the merits
Purpose or general idea of bill
To ensure that the courts resolve cases and controversies properly brought before them and not avoid rendering decisions on some of the most important issues concerning the functioning of our government.
Summary of specific provisions
Section 1 amends article 1 of the constitution by adding a new section 19 to provide that no person shall have their legal action be dismissed on the grounds of it raising or being a non-justiciable political question.
Justification
Currently the courts frequently decline jurisdiction on the basis that the dispute constitutes a so-called "political question," particularly between different branches of government or between parties within the same branch of government. This represents an abrogation of the courts' responsibilities to declare "what the law is," and leads to legal and political stalemates for wont of a clear declaration of what the law requires.
Prior legislative history
New Legislation.
Fiscal implications for state and local governments
None.
Effective date
Immediately.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.