Supreme Court of South Carolina· 11/6/2000

Ward v. State

Citations

538 S.E.2d 245
343 S.C. 14
2000 S.C. LEXIS 213

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

holding this Court will not construe a statute to do that which is unconstitutional
holding this Court will not construe a statute to do that which is unconstitutional
holding the circuit court erred in dismissing a declaratory judgment action for failure to exhaust administrative remedies when the action challenged the constitutionality of a statute, which was an issue the ALC could not decide
noting the failure to exhaust administrative remedies goes to the prematurity of the case, not subject matter jurisdiction
“Allowing ALJs to rule on the constitutionality of the statute would violate the separation of powers doctrine .... Requiring a party to go before an agency or AL J who cannot rule on the constitutionality of a statute would be a futile act.”
also, claimant is not required to exhaust administrative remedies when challenging the constitutionality of a statute

Source: CourtListener parenthetical corpus (CC0).

Judges: Moore, Waller, Burnett, Stilwell, Howard

Read full opinion on CourtListener

Cited by

26 cases in this archive cite this case; the 20 most cited are listed.

Cites

18 cases in this archive are cited by this case.

Other cases with this name

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.