It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases, must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on... Congressional Serial Set - Página 61913Vista completa - Acerca de este libro
| James Kent - 1851 - 706 páginas
...court must either decide the case conformably to 1 Hasr. & Johns. Maryland Rep. 236. b 1 Craruh, 137. the law, disregarding the constitution, or conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these... | |
| George Van Santvoord - 1854 - 554 páginas
...must of necessity expound and interpret that rule. If two laws conflict with each other, the court must decide on the operation of each. So if a law be in opposition to the Constitution," &c., &c. These conclusions have never been shaken, or even doubted, since that day. On the contrary,... | |
| James Kent - 1854 - 714 páginas
...constitution, and both apply to a particular case, the court must either decide the case conformably to the the law, disregarding the constitution, or conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these... | |
| William Blackstone, George Sharswood - 1860 - 874 páginas
...is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must...disregarding the law, the court must determine which of the conflicting rules governs the case. This is of the essence of judicial duty. If, then, the courts... | |
| James Kent - 1866 - 722 páginas
...opposition to the constitution, and both apply to a particular case, the court must either decide the case conformably to the law, disregarding the constitution,...conformably to the constitution, disregarding the law. If the constitution be superior to an act of the legislature, the courts must decide between these... | |
| William Blackstone - 1866 - 880 páginas
[ Lo sentimos, el contenido de esta página está restringido. ] | |
| Andrew Johnson - 1868 - 532 páginas
...is. Those who apply the rule to particular cases must, of necessity, expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of euch. So, if a law be in opposition to the Constitution, if both the law and the Constitution apply... | |
| 1872 - 522 páginas
...is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must...Constitution ; or conformably to the Constitution disregardmg the law ; the court must determine which of these con flicting rules governs the case.... | |
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