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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 Tenth Amendment and State Sovereignty: Constitutional History and ...

Mark Robert Killenbeck - 2002 - 198 strani
...legislature would be acting ultra vires, and its judgment as to its constitutionality could have no weight: "[W]here the will of the legislature declared in its...ought to be governed by the latter, rather than the former.""2 The Federalists repeated their reliance upon judicial review in other state conventions....
Omejen predogled - O knjigi

Regulating Religion: The Courts and the Free Exercise Clause

Catharine Cookson - 2001 - 288 strani
...Nor does this conclusion by any means suppose a superiority of the judicial power to the legislati\e power. It only supposes that the power of the people...that where the will of the legislature, declared in the statutes, stands in opposition to that of the people, declared in the Constitution, the judges...
Omejen predogled - O knjigi

The Supreme Court in American Society: Equal Justice Under Law

Kermit L. Hall - 2001 - 788 strani
...fundamental law." Since judicial review involves only enforcement 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 hoth."4 An essential feature of this form of judicial review is its limited character. Judging is "truly...
Omejen predogled - O knjigi

The Federalist

Alexander Hamilton, James Madison, John Jay - 1996 - 572 strani
...of the Constitution void." He denies that this makes the courts superior to the legislature. In fact it "only supposes that the power of the people is...be governed by the latter rather than the former." In this philosophy of constitutional law as it was developed by Hamilton, presumably during the spring...
Omejen predogled - O knjigi

Unpublished Judicial Opinions: Hearing Before the Subcommittee on Courts ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - 2002 - 318 strani
...judicial supremacy, Hamilton argued that judicial review would instead lead to constitutional supremacy: "[W]here the will of the legislature, declared in...ought to be governed by the latter rather than the former."449 This argument was necessary to allay anti-federalist fears about judicial review, but it...
Celotni ogled - O knjigi

Unpublished Judicial Opinions: Hearing Before the Subcommittee on Courts ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual Property - 2002 - 318 strani
...supremacy, Hamilton argued that judicial review would instead lead to constitutional supremacy: "[WJhere the will of the legislature, declared in its statutes,...ought to be governed by the latter rather than the former."449 This argument was necessary to allay anti-federalist fears about judicial review, but it...
Celotni ogled - O knjigi

Essays on Constitutional Law and Equity and Other Subjects

Henry Schofield - 2002 - 1006 strani
...of the Supreme Court to declare an act of Congress unconstitutional does not "by any means suppose a superiority of the judicial to the legislative power....that the power of the people is superior to both." This view of Hamilton's is in line with the traditional view of English lawyers that the judgment of...
Omejen predogled - O knjigi

The Essential Federalist and Anti-Federalist Papers

David Wootton - 392 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...
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The Federalist Papers

Alexander Hamilton, James Madison, John Jay, Clinton Rossiter - 2003 - 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....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 fundamental....
Omejen predogled - O knjigi

Moral and Political Reasoning in Environmental Practice

Andrew Light, Avner De-Shalit - 2003 - 357 strani
...in a democracy. Judicial enforcement of a written constitution means, to quote a venerable source, "that where the will of the legislature declared in...ought to be governed by the latter, rather than the former."38 If democracy requires the rule of law, judicial powers cannot be seen as straightforwardly...
Omejen predogled - O knjigi




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