Constitution of Canada: The British North America Act, 1867; Its Interpretation, Gathered from the Decisions of Courts, the Dicta of Judges, and the Opinions of Statesmen and Others; to which is Added The Québec Resolutions of 1864, and the Constitution of the United States

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J. Lovell, 1880 - 414 страница
"The British North America act, 1867, its interpretation, gathered from the decisions of courts, the dicta of judges, and the opinions of statesmen and others, to which is added The Quebec resolutions of 1864, and the constitution of the United States."--T.p.
 

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Страница 331 - So, if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
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