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 120por Albert Jeremiah Beveridge - 2005 - 700 páginasVista previa limitada - Acerca de este libro
 | 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... | |
 | 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... | |
 | 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... | |
 | 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,... | |
 | 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... | |
 | 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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