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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

Adventures in Law and Justice: Exploring Big Legal Questions in Everyday Life

Bryan Horrigan - 2003 - 376 strani
...majority will does not prevail? As Alexander Hamilton wrote in The Federalist Papers over 200 years ago, 'where the will of the legislature declared in its...be governed by the latter, rather than the former'. 39 This has important implications for criticisms of judicial decisions to overturn legislation, nullify...
Omejen predogled - O knjigi

Alexander Hamilton and the Growth of the New Nation

John Chester Miller - 1964 - 659 strani
...clear that he was not exalting the judicial above the legislative power. Judicial review, he said, "only supposes that the power of the people is superior...that where the will of the legislature, declared in the statutes, • Judge Learned Hand has observed that while the power of judicial review is not a...
Omejen predogled - O knjigi

American Constitutional Law: Essays, Cases, and Comparative Notes

Donald P. Kommers, John E. Finn, Gary J. Jacobsohn - 2004 - 1095 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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Constitutional Debate in Action: Governmental powers

H. L. Pohlman - 2004 - 319 strani
...intention of the people to the intentions 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

The Communitarian Constitution

Beau Breslin - 2006 - 288 strani
...broadly arguing in favor of a strong separation of powers and an independent judiciary, Hamilton remarks that "where the will of the legislature, declared...ought to be governed by the latter rather than the former."31 Many contend that this statement gives implicit support to the idea of judicial review,...
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Deliberative Democracy in America: A Proposal for a Popular Branch of Government

Ethan J. Leib - 2010
...Alexander Hamilton's perspective on judicial review in The Federalist is always a good place to start: "Where the will of the legislature declared in its...be governed by the latter rather than the former" (Kramnick 19. Compare Bickel 1962 with Kramnick 1987, 437 (A. Hamilton) ("The judiciary, from the nature...
Omejen predogled - O knjigi

Deliberative Democracy in America: A Proposal for a Popular Branch of Government

Ethan J. Leib - 2010
...review in The Federalist is always a good place to start: "Where the will of the legislature deelared in its statutes, stands in opposition to that of the...be governed by the latter rather than the former" ( Kramnick 19. Compare Bickel 1962 with Kranmick 1987, 437 (A. Hamilton) ("The judiciary, from the...
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American Political Rhetoric: A Reader

Peter Augustine Lawler, Robert Martin Schaefer - 2005 - 427 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

The Progressive Revolution in Politics and Political Science: Transforming ...

John A. Marini, John Marini, Ken Masugi - 2005 - 388 strani
...interpret the law did not imply a superiority of the judiciary over the legislative branch, but rather "only supposes that the power of the people is superior...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"...
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The Federalist

Alexander Hamilton, James Madison, John Jay, J.R. Pole - 2005 - 560 strani
...of the people to the wo intention of their agents. Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power....declared in the constitution, the judges ought to i05 be governed by the latter, rather than the former. They ought to regulate their decisions by the...
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