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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 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 ws be governed by the latter, rather than the former. They ought to regulate their decisions by the...
Omejen predogled - O knjigi

Fundamental Rights and Democratic Governance: Essays in Caribbean Jurisprudence

Simeon C. R. McIntosh - 2005 - 340 strani
...control by an unrepresentative minority of an elected majority. "It only supposes," Hamilton went on, "that the power of the people is superior to both;...be governed by the latter rather than the former." But the word "people" so used is an abstraction. Not necessarily a meaningless or a pernicious one...
Omejen predogled - O knjigi

The Constitutionalist: Notes on the First Amendment

George Anastaplo - 2005 - 826 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....that the power of the people is superior to both. . . . for the occasion. Sec chap. 8, n. 181, below; cf. chap. 2, n. 37, above.) See Federalist, pp....
Omejen predogled - O knjigi

The Federalist: A Collection of Essays, Written in Favour of the ..., Količina 1

Alexander Hamilton, James Madison, John Jay - 2005 - 227 strani
...legiflature declared in its Matutes, ftands in oppofition to that of the people declared in the conftitution, the judges ought to be governed by the latter, rather than the former. They ought to regulate their decifions by the fundamental laws, rather than by thofe which are not...
Omejen predogled - O knjigi

Courts and Social Transformation in New Democracies: An Institutional Voice ...

Roberto Gargarella, Pilar Domingo, Theunis Roux - 2006 - 311 strani
...pronounce legislative acts void'. In his opinion, this 'conclusion [does not] by any means suppose a superiority of the judicial to the legislative power....be governed by the latter rather than the former.' In this way, Hamilton inaugurated a new way of thinking about the relationship between the constitution,...
Omejen predogled - O knjigi

The Most Democratic Branch: How the Courts Serve America

Jeffrey Rosen - 2006 - 256 strani
...Hamilton rejected the charge that this power supposed that judges would be superior to legislators. "It only supposes that the power of the people is...be governed by the latter, rather than the former," he wrote in The Federalist Papers. 9 More recently, majoritarian scholars have argued that there's...
Omejen predogled - O knjigi

The Political Thought of Justice Antonin Scalia: A Hamiltonian on the ...

James Brian Staab - 2006 - 369 strani
...an omnipotent federal judiciary, Hamilton denied such an implication. The power of judicial review "only supposes that the power of the people is superior...ought to be governed by the latter rather than the former."13 Hamilton conceded, however, that the claim of judicial supremacy would have more force if...
Omejen predogled - O knjigi

Reconstructing the Commercial Republic: Constitutional Design After Madison

Stephen L. Elkin - 2006 - 413 strani
...his comment in The Federalist No. 78 cited above, that not only does the Constitution not suppose a superiority of the judicial to the legislative power,...that the power of the people is superior to both." When Hamilton noted that where legislation "stands in opposition to that of the people declared in...
Omejen predogled - O knjigi

Deliberative Democracy and Its Discontents

Samantha Besson, José Luis Martí - 2006 - 261 strani
...circumstances, "to pronounce legislative acts void." In his opinion, this "conclusion by any means supposes a superiority of the judicial to the legislative power....supposes that the power of the people is superior to loth; and that where the will of the legislature, declared in its statutes, stands in bpposition to...
Omejen predogled - O knjigi

Classics of American Political and Constitutional Thought, Količina 1

Scott J. Hammond, Kevin R. Hardwick, Howard Leslie Lubert - 2007 - 2216 strani
...intention of the people to the intention of their agents. Nor does this conclusion by any means suppose a y } } They ought to regulate their decisions by the fundamental laws, rather than by those which are not...
Omejen predogled - O knjigi




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