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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

Deliberative Democracy and the Institutions of Judicial Review

Christopher F. Zurn - 2007
...377-83. "Nor does this conclusion [concerning the power of judicial review] by any means suppose a superiority of the judicial to the legislative power....be governed by the latter, rather than the former" (380). not the, democratic paragon.43 Thus, Ackerman argues that the Court vigilantly represents the...
Omejen predogled - O knjigi

Liberalism in the Shadow of Totalitarianism

David Ciepley - 2006 - 379 strani
...developments, Hamilton could argue in The Federalist that judicial review does not "by any means suppose a superiority of the judicial to the legislative power....declared in the constitution, the judges . . . ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental."1...
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Judicial Jurisdiction: A Reference Guide to the United States Constitution

Patrick Baude - 2007 - 135 strani
...constitutional tradition, however, derives cleanly from Hamilton's language in Federalist No. 78: [WJhere the will of the legislature, declared in its statutes,...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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David's Hammer: The Case for an Activist Judiciary

Clint Bolick - 2007 - 188 strani
...does this conclusion by any means suppose a superiority of the judicial to the legislative authority. It only supposes that the power of the people is superior...declared in its statutes, stands in opposition to the will of the people, declared in the Constitution, the judges ought to be governed by the latter...
Omejen predogled - O knjigi

America's Survival Guide

Michael Warren - 2007 - 236 strani
...p. 74. ""Federalist Paper No. 78. mlbid. 1937feW. "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, K5Democracy in America, Several generations later, when faced with President Franklin D. Roosevelt's...
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The Constitution on the Campaign Trail: The Surprising Political Career of ...

Andrew Busch - 2007 - 319 strani
...JUDGEMENT." The ability of courts to strike down statutes that violate the Constitution does not "suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people [and their Constitution] is superior to both." In the end, the judicial branch was the weakest of the...
Omejen predogled - O knjigi




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