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" Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in its statutes, stands in opposition... "
Scrap Book on Law and Politics, Men and Times - Stran 126
avtor: George Robertson - 1855 - 404 strani
Celotni ogled - O knjigi

The Politics of Truth and Other Untimely Essays: The Crisis of Civic ...

Ellis Sandoz - 1999 - 235 strani
...Hamilton] : "A constitution is in fact, and must be, regarded by the judges as a fundamental law. . . . where the will of the legislature declared in its...be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not...
Omejen predogled - O knjigi

A Fatal Friendship: Alexander Hamilton and Aaron Burr

Arnold Rogow - 1999 - 368 strani
...the people {ought to be preferred to) the intention of their agents" does not "by any means suppose a superiority of the judicial to the legislative power....where the will of the legislature declared in its statues, stands in opposition to that of the people declared in the constitution, the judges ought...
Omejen predogled - O knjigi

Judicial Politics: Readings from Judicature

American Judicature Society - 1999 - 648 strani
...intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power....power of the People is superior to both; and that when the will of the legislature, declared in its statutes, stands in opposition to that of the people,...
Omejen predogled - O knjigi

Limiting Government: An Introduction to Constitutionalism

Andr s Saj¢ - 1999 - 292 strani
...Constitution ought to be preferred to the statute... Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes. ..that where the will of the legislature, declared in its statutes, stands in opposition to that of the people...
Omejen predogled - O knjigi

The American Constitutional Experience: Selected Readings & Supreme Court ...

Richard M Battistoni - 2000 - 175 strani
...intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power....be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not...
Omejen predogled - O knjigi

The Supreme Court in and of the Stream of Power

Kermit L. Hall - 2000 - 376 strani
...fundamental law." Since judicial review involves only enforeement of the Constitution, it does not "suppose a superiority of the judicial to the legislative power....supposes that the power of the people is superior to both."4 An essential feature of this form of judicial review is its limited character. Judging is "truly...
Omejen predogled - O knjigi

Verfassung und ökologische Krise: verfassungstheoretische Lösungsansätze für ...

Achim Hurrelmann - 2000 - 174 strani
...Verfassungsgerichtsbarkeit im Federalist No. 78: „Nor does this constitution by any means suppose a superiority of the judicial to the legislative power. It only supposes that the people is superior to both; and that where the will of the legislature, declared in its statutes, stands...
Omejen predogled - O knjigi

Constitutional Culture and Democratic Rule

John Ferejohn, Jack N. Rakove, Jonathan Riley - 2001 - 414 strani
...intentions) ought to prevail over the legislature: Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power....be governed by the latter, rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not...
Omejen predogled - O knjigi

Madison V. Marshall: Popular Sovereignty, Natural Law, and the United States ...

Guy Padula - 2002 - 208 strani
...be overturned. As Hamilton noted in the celebrated Federalist 78, this conclusion does not suppose a superiority of the judicial to the legislative power....Constitution, the judges ought to be governed by the former rather than the latter.48 However, Hamilton's argument in Federalist 78 is based on the assumption...
Omejen predogled - O knjigi

De Geordende Wereld Van Het Recht: Een Inleiding

Willem Witteveen - 2003 - 456 strani
...laatste, hogere wil. Dit betekent niet dat de rechter nu in feite een hogere macht is dan de wetgever. 'It only supposes that the power of the people is...ought to be governed by the latter rather than the former.'17 Zo krijgt ook de rechter een plaats in het systeem van 'checks and balances'. 3 Trias als...
Celotni ogled - O knjigi




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