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 126avtor: George Robertson - 1855 - 404 straniCelotni ogled - O knjigi
| Massachusetts. Constitutional Convention - 1919 - 1222 strani
...intention of their agents. Again, listen to this paragraph: Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power....supposes that the power of the people is superior to boti; and that where the will of the Legislature, declared in its statutes, stands in opposition to... | |
| Robert A. Licht - 1993 - 224 strani
...not with their representatives in the legislatures. Judicial review did 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. Although... | |
| Michael J. Perry - 1996 - 288 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... | |
| Robert J. Cottrol - 1994 - 484 strani
...{T]he right of the courts to pronounce legislative acts vuid . . . [does not] by any means suppose a superiority of the judicial to the legislative power....the legislature declared in its statutes, stands in oppositinn to that of the people declared in the constitution, the judges ought to be governed by the... | |
| Sanford Levinson - 1995 - 344 strani
...Alexander Hamilton argued that such review did not assume the superiority of the judicial branch hut rather "it only supposes that the power of the people is...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."... | |
| Donald A. Wittman - 1995 - 244 strani
...power among individuals than its separation of powers among branches. Judicial Interpretation ". . . where the will of the legislature, declared in its statutes, stands in opposition to the people, declared in the constitution, the judges ought to be governed by the latter." Hamilton... | |
| William Quirk, R. Randall Bridwell - 1995 - 162 strani
...fundamental law." This does not, Hamilton concluded, make the judicial superior to the legislative — it "only supposes that the power of the people is superior to both." The Court is enforcing the Constitution on behalf of the people," according to Hamilton, but the problem... | |
| Tim Hames, Nicol C. Rae - 1996 - 354 strani
...transient will of their representatives in 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 fundamental."... | |
| Dennis C. Mueller - 1996 - 395 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... | |
| St. George Tucker, William Blackstone - 2000 - 3301 strani
...constitution, it will be the duty of the judicial tribunals to adhere to 'the latter and disregard the former. that the power of the people is superior to both :...judges ought to be governed by the latter, rather than by the former. They ought to regulate their decisions by the fundamental laws, rather than by those... | |
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