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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... "
Reports of Cases in Law and Equity, Argued and Determined in the Supreme ... - Strana 216
autor/autoři: Georgia. Supreme Court - 1850
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A Treatise on the Constitutional Limitations which Rest Upon the Legislative ...

Thomas McIntyre Cooley, Victor Hugo Lane - 1903 - 1172 str.
...will of the legislature, declared in its statutes, stands in opposition to that declared by the people in the constitution, the judges ought to be governed...latter rather than the former. They ought to regulate Concluisiveness of Judicial Decisions. But a question which has arisen and been passed upon in one...
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The Shop Review

1923 - 512 str.
...power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people,...their decisions by the fundamental laws rather than by those which are not fundamental." There is, therefore, no historical basis for the assertion that...
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The Conflict Over Judicial Powers in the United States to 1870

Charles Grove Haines - 1909 - 194 str.
...courts are the better interpreters of that will. " Where the will of the legislature, declared in its statutes, stands in opposition to that of the people,...their decisions by the fundamental laws, rather than by those which are not fundamental." 3 Hamilton admitted that to a certain degree this was a rule of...
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Readings in Civil Government

Percy Lewis Kaye - 1910 - 594 str.
...power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people,...their decisions by the fundamental laws, rather than by those which are not fundamental. . . . If, then, the courts of justice are to be considered as the...
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Introduction to Political Science: A Treatise on the Origin, Nature ...

James Wilford Garner - 1910 - 642 str.
...power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people,...latter rather than the former. They ought to regulate 1 "The Federalist," No. 78 (Dawson's ed.). their decisions by the fundamental laws, rather than by...
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A Study in Alexander Hamilton

Fontaine Talbott Fox - 1911 - 180 str.
...power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people...be governed by the latter, rather than the former." The right or power to incorporate was one of those "certain specified exceptions" to the legislative...
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The Ohio Nisi Prius Reports, Svazek 12

Ohio. Courts - 1912 - 740 str.
...supposes that the power of the people is superior to both, and that where the will of the Legislature, declared in statutes, stands in opposition to that...laws, rather than those which are not fundamental." (8 Ga., 218.) Judge Ranney, of the Supreme Court of Ohio, says: "It is the right and duty of the judicial...
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The Supreme Court and the Constitution

Charles Austin Beard - 1912 - 158 str.
...power of the people is superior to both ; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people,...laws, rather than those which are not fundamental. This exercise of judicial discretion, in determining between two contradictory laws, is exemplified...
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The Supreme Court and the Constitution

Charles Austin Beard - 1912 - 144 str.
...and that where the will of the legislature, declared in its THE CONSTITUTIONAL CONVENTION OF 1787 25 statutes, stands in opposition to that of the people,...their decisions by the fundamental laws, rather than tEose which are not fundamental. This exercise of judicial discretion, in determining between two contradictory...
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The Editorial Review, Svazek 7

1912 - 270 str.
...power of the people is superior to both ; and that where the will of the Legislature, declared in its statutes, stands in opposition to that of the people,...their decisions by the fundamental laws, rather than by those which are not fundamental." Chief Justice Marshall, in the great case of Marbury v. Madison,...
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