 | Sanford Levinson - 1995 - 344 страници
...did not assume the superiority of the judicial branch hut rather "it only supposes that the power of the people is superior to both, and that where the...laws rather than by those which are not fundamental." Alexander Hamilton, James Madison, and John Jay, The Federalist Popers, ed. Clinton Rossiter (New York:... | |
 | George Wescott Carey - 1994 - 220 страници
...act of an inferior and subordinate authority" (468). But if it is a legitimate function of the courts "to regulate their decisions by the fundamental laws rather than by those which are not fundamental," to void those statutes that contravene the Constitution, may not the courts "substitute their own pleasure... | |
 | Donald A. Wittman - 1995 - 244 страници
...power among individuals than its separation of powers among branches. Judicial 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... | |
 | Dennis C. Mueller Professor of Economics University of Vienna - 1996 - 398 страници
...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...laws, rather than by those which are not fundamental. ALEXANDER HAMILTON The peace, the prosperity and the very existence of the Union, are invested in the... | |
 | Tim Hames, Nicol C. Rae - 1996 - 354 страници
...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...laws rather than by those which are not fundamental." So Hamilton uses a conception of the fundamental will of the people similar to Jean-Jacques Rousseau's... | |
 | Noel B. Reynolds, W. Cole Durham - 2003 - 320 страници
...writes: A constitution is in fact, and must be, regarded by the judges as a fundamental law. . . . where the will of the legislature declared in its...laws, rather than by those which are not fundamental. meaning transcends their written form. This means that they can be consciously and deliberately adapted... | |
 | St. George Tucker, William Blackstone - 2000 - 3301 страници
...duty of the judicial tribunals to adhere to 'the latter and disregard the former. that the power of the people is superior to both : and that where the...judges ought to be governed by the latter, rather than by the former. They ought to regulate their decisions by the fundamental laws, rather than by those... | |
 | Bradford P. Wilson, Ken Masugi - 1998 - 328 страници
...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...laws, rather than by those which are not fundamental. Ibid., 5o6. 9 See Annals of Congress, 1:457 (statement of Rep. James Madison): "If they are incorporated... | |
 | Jon Elster, Rune Slagstad - 1988 - 372 страници
...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...ought to be governed by the latter rather than the former.48 The problem with a Supreme Court, however, is obvious enough. What prevents it from misusing... | |
 | William Bondy - 1998 - 186 страници
...construction imply a superiority of the judicial to the legislative power. It only implies that the power of the people is superior to both, and that where the will of the legislature declared in its statute stands in opposition to 1 See also Cohen vs. Virginia, 6 Wheaton, 264, and Fletcher vs. Peck,... | |
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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... 
