 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...  Our Democracy: Its Origins and Its Tasks - Страница 257написао/ла James Hayden Tufts - 1917 - 327 страницаПуни преглед - О овој књизи
 | David Jayne Hill - 1915 - 286 страница
...repugnant to the Constitution is void. . . . It is emphatically the province and duty of the judicial department to say what the law is. ... If two laws...the courts must decide on the operation of each." THE CITIZEN SUBJECT TO LAW THE ALLEGED "JUDICIAL OLIGARCHY" Obviously, the authority of a court to... | |
 | David Jayne Hill - 1915 - 312 страница
...repugnant to the Constitution is void. . . . It is emphatically the province and duty of the judicial department to say what the law is. ... If two laws...the courts must decide on the operation of each." 256 THE CITIZEN SUBJECT TO LAW THE ALLEGED "JUDICIAL OLIGARCHY" Obviously, the authority of a court... | |
 | Anders Breidlid - 1996 - 432 страница
...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 the operation of each. So if a law be in opposition to the Constitution, if both the law and the Constitution apply to a particular... | |
 | Bernard Schwartz - 1997 - 303 страница
...from the judicial duty to determine the law: "It is emphatically the province and duty of the judicial department to say what the law is. ... If two laws conflict with each other, the courts must decide that case conformably to the law, disregarding the constitution; or conformably to the constitution,... | |
 | Bradford P. Wilson, Ken Masugi - 1998 - 328 страница
...) "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 страница
...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 страница
...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... | |
 | Jean Edward Smith - 1998 - 788 страница
...his argument: The Constitution was law. It could be interpreted by the courts in ordinary litigation. "If two laws conflict with each other, the courts must decide on the operation of each." If a law and the Constitution are in conflict, and if both apply to a particular case, "the Court must... | |
 | Jack Beatson, Takis Tridimas - 1998 - 215 страница
...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 decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular... | |
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