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" It is legitimate only in the last resort, and as a necessity in the determination of real, earnest and vital controversy between individuals. It never was the thought that, by means of a friendly suit, a party beaten in the legislature could transfer... "
Report of the Committee on the Judiciary, House of Representatives ... - Stran 337
1982
Celotni ogled - O knjigi

A Dictionary of Modern Legal Usage

Bryan A. Garner - 2001 - 990 strani
...agreed beforehand to allow a court to resolve the issues involved. Friendly suit is more common today. "It never was the thought that, by means of a friendly...constitutionality of the legislative act." Chicago & Grand Trunk Ry. v. Wellman, 143 US 339, 345 (1892)./ "If full-fledged litigation were needed to get the right...
Omejen predogled - O knjigi

Judicial Control: Comparative Essays on Judicial Review

Rob Bakker, A. W. Heringa, F. A. M. Stroink - 1995 - 172 strani
...necessity in the determination of real, earnest and vital controversy between individuals. It was never the thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act; (2) The Court will not anticipate a question of constitutional law in advance of the necessity of deciding...
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Constitutional Justice Under Old Constitutions

Elvind Smith - 1995 - 424 strani
...proceeding because to decide such questions is "legitimate only in the last resort ... It was never thought that, by means of a friendly suit, a party...as to the constitutionality of the legislative act ..." 2) The Court will not "anticipate a question of constitutional law in advance of the necessity...
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Rights Before Courts: A Study of Constitutional Courts in Postcommunist ...

Wojciech Sadurski - 2005 - 404 strani
...chamber". As the Supreme Court of the United States once proclaimed, "[i]t was never thought that ... a party beaten in the legislature could transfer to...inquiry as to the constitutionality of the legislative act",5 and this is exactly what happens in cases of abstract control exercised by a constitutional...
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Norms and the Law

John N. Drobak - 2006 - 257 strani
...DUKE LJ 561, 612 (1989). 126 See, eg, Chicago & Grant Trunk Ry. Co. v. Wellman, 143 US 339, 345 (1892) ("It never was the thought that, by means of a friendly...to the constitutionality of the legislative act."); Lord v. Veazie, 49 US (8 How.) 251, 255 (1850) (dismissing an action docketed by consent to get before...
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Rights Before Courts: A Study of Constitutional Courts in Postcommunist ...

Wojciech Sadurski - 2005 - 377 strani
...chamber". As the Supreme Court of the United States once proclaimed, "[i]t was never thought that... a party beaten in the legislature could transfer to...to the constitutionality of the legislative act", 5 and this is exactly what happens in cases of abstract control exercised by a constitutional court...
Omejen predogled - O knjigi

Documents Accompanying the Journal of the House, 4. del

Michigan. Legislature - 1893 - 1324 strani
...Legislature to enact, the Court must determine whether the act be constitutional or not, but it never was thought that by means of a friendly suit a party beaten...the courts an inquiry as to the constitutionality of a statute. Reported in 12 Supreme Court Rep. 400. For decision of State Supreme Court see 47 NW Rep.,...
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