 | Clint Bolick - 1988 - 174 páginas
...that where the will of the legislature, declared in its statutes, stands in opposition to the will of the people, declared in the Constitution, the judges...be governed by the latter rather than the former... [ie,,] bv the fundamental laws, rather than bv those which are not fundamental." 1 Hamilton's view... | |
 | Stephen L. Schechter - 1990 - 478 páginas
...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;...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... | |
 | Hays - 1992 - 552 páginas
...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,...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.... | |
 | Harvey Flaumenhaft - 1992 - 340 páginas
...the will of the legislature as declared in its statutes stands in opposition to that of the people as declared in the constitution, the judges ought to be governed by the latter rather than the former. The judges ought to regulate their decisions by the fundamental law. It need not be supposed that the... | |
 | Michael J. Perry - 1996 - 288 páginas
...denied that judicial review implied a superiority of the judicial over the legislative power—denied, in other words, that judicial review constituted control...one by any means; always charged with emotion, but nonrepresentational—an abstraction obscuring the reality that when the Supreme Court declares unconstitutional... | |
 | Robert J. Cottrol - 1994 - 484 páginas
...to both; and that where the will of the legislature declared in its statutes, stands in oppositinn to that of the people declared in the constitution,...be governed by the latter, rather than the former. THE FEOERALIST No. 78, at 577-78 fA. Hamiltonl fJ. Hamilton ed. l864l. 289. We are reminded by Mr.... | |
 | Sanford Levinson - 1995 - 344 páginas
...that such review did not assume the superiority of the judicial branch hut rather "it only supposes that the power of the people is superior to both,...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 páginas
...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 contrasts this with the case where the constitution is not involved. "In such a case [where... | |
 | Tim Hames, Nicol C. Rae - 1996 - 354 páginas
...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...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."... | |
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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... 
