It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on... Congressional Serial Set - Página 61913Vista completa - Acerca de este libro
| 1926 - 1034 páginas
...is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must...disregarding the law, the court must determine which of those conflicting rules governs the case. This ie of the very essence of judicial duty. "If then the... | |
| Chibli Mallat - 1993 - 264 páginas
...considers it should intervene to redress the situation to the advantage of the constitutional text : So if a law be in opposition to the constitution,...case, so that the court must either decide that case conforming to the law, disregarding the constitution; or conforming to the constitution, disregarding... | |
| Austin Sarat, Thomas R. Kearns - 1996 - 354 páginas
..."emphatically the province and duty of the judicial department to say what the law is."63 Moreover: If two laws conflict with each other, the courts must decide on the operation of each. . . . This is the very essence of the judicial duty. . . . Those who controvert the principle that... | |
| Bradford P. Wilson, Ken Masugi - 1998 - 328 páginas
...) "It is emphatically the province and duty of the judicial department to say what the law is." 2) "If two laws conflict with each other, the courts must decide on the operation of each." 3) "If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary... | |
| Hadley Arkes - 1997 - 316 páginas
...it, "Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each."70 This "judicial duty," as Marshall described it, was modestly drawn. Marshall had simply recognized... | |
| Kevin Tan, Peng Er Lam - 1997 - 248 páginas
...apply the rule to particular cases, must necessarily expound and interpret that rule. If two rules conflict with each other, the courts must decide on the operation of each. Chief Justice John Marshall elaborated the basis upon which a written constitution is a fundamental... | |
| Jack Beatson, Takis Tridimas - 1998 - 215 páginas
...is. Those who apply the rules to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must...court must determine which of these conflicting rules govern the case. This is the very essence of judicial duty." According to Chief Justice Lasson the... | |
| William Bondy - 1998 - 186 páginas
...expound and interpret that rule. If two laws conflict with each other, the courts must decide upon the operation of each. So if a law be in opposition...particular case, so that the court must either decide that caseconformably to the law, disregarding the constitution, or conformably to the constitution, disregarding... | |
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