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" The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges, as a fundamental law. "
The Life of John Marshall - Página 120
por Albert Jeremiah Beveridge - 2005 - 700 páginas
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Deconstruction and the Possibility of Justice

Drucilla Cornell, Michel Rosenfeld, David Gray Carlson - 1992 - 409 páginas
...principle of "judicial review," which was to become a mainstay of the rule of law in America. He continued: "A constitution is, in fact, and must be regarded...particular act proceeding from the legislative body." In normal circumstances the presumption was in favor of the congruence or concordance between foundation...
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Confirmation Hearings on Federal Appointments: Hearings Before the Committee ...

United States. Congress. Senate. Committee on the Judiciary - 1992
...Constitution. In The Federalist, Ho. LXXVIII, Alexander Hamilton observed that: The interpretation of the lavs is the proper and peculiar province of the courts....therefore belongs to them to ascertain its meaning, as veil as the meaning of any particular act proceeding from the legislative body. The legislative branch...
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The Constitution in the Supreme Court: The First Hundred Years, 1789-1888

David P. Currie - 1992 - 504 páginas
...they both apply. 5 US (1 Cranch) at 177-78. Hamilton had said this too: The interpretation of the laws is the proper and peculiar province of the courts....must be regarded by the Judges as a fundamental law .... If there should happen to be an irreconcilable variance between [it and a legislative act,] that...
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The Effective Republic: Administration and Constitution in the Thought of ...

Harvey Flaumenhaft - 1992 - 314 páginas
...regarded by the judges. To them, therefore, it belongs to ascertain the meaning of the constitution as well as the meaning of any particular act proceeding from the legislative body. The fundamental law is the highest law. The obligation and validity of the constitution is, of course,...
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Field Hearing on Child Abuse: Hearing Before the Subcommittee on ..., Volumen4

United States, United States. Congress. House. Committee on Education and Labor. Subcommittee on Select Education - 1992 - 243 páginas
...orthodox jews. ALEXANDER HAMILTON, ONE OF OUR FOUNDING FATHERS, IN THE • FEDERALIST PAPERS SAID, " A CONSTITUTION IS, IN FACT, AND MUST BE REGARDED BY THE JUDGES, A FUNDAMENTAL LAW.' PARENTAL ALIENATION Ohel, the agency to whom the boys were given with two new social...
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Nomination of Ruth Bader Ginsburg, to be Associate Judge of the Supreme ...

United States, United States. Congress. Senate. Committee on the Judiciary - 1994 - 681 páginas
...predilection. He rejected the concern that such judicial review made the judiciary superior to the legislature: "A constitution, is, in fact, and must be regarded...particular act proceeding from the legislative body * * *. It can be of no weight to say that the courts, on the pretense of a repugnancy [between a legislative...
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - 1994 - 276 páginas
...things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts....therefore belongs to them to ascertain its meaning . . . ."); Marburv v. Madison. 5 US (1 Cranch) 137, 177 (1803) . 21 ££. United States v. Verduao-Urouidez...
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - 1994 - 276 páginas
...things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts....by the judges as, a fundamental law. It therefore belong* to them to ascertain its meaning ....*); Marbury v. Madison. 5 US (1 Cranch) 137, 177 (1803)....
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Freedom of Choice Act of 1991: Hearing Before the Subcommittee on Civil and ...

United States, United States. Congress. House. Committee on the Judiciary. Subcommittee on Civil and Constitutional Rights - 1994 - 276 páginas
...things, to keep the latter within the limits assigned to their authority. The interpretation of the laws is the proper and peculiar province of the courts....and must be regarded by the judges as, a fundamental lav. It therefore belongs to them to ascertain its meaning ...."); Marburv v. Madison. 5 US (1 Cranch)...
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The Rise of Modern Judicial Review: From Constitutional Interpretation to ...

Christopher Wolfe - 1994 - 447 páginas
...authority of the judicial pronouncement in the particular case only: "The interpretation of the laws is the proper and peculiar province of the courts....is, in fact, and must be regarded by the judges, as 77 a fundamental law" (Federalist No. 78). Conclusion: it is the proper and peculiar province of the...
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