 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...  The Northeastern Reporter - Σελίδα 4151902Πλήρης προβολή - Σχετικά με αυτό το βιβλίο
 | Jean Edward Smith - 1998 - 788 σελίδες
...his argument: The Constitution was law. It could be interpreted by the courts in ordinary litigation. "If two laws conflict with each other, the courts must decide on the operation of each." If a law and the Constitution are in conflict, and if both apply to a particular... | |
 | Richard M Battistoni - 2000 - 198 σελίδες
...be lost sight of in the further consideration of this subject. Judicial Power and Judicial Review 31 If an act of the Legislature repugnant to the Constitution...conflict with each other, the Courts must decide on the operation of each. So, if a law be in opposition to the Constitution, if both the law and the Constitution... | |
 | Gordon Slynn Baron Slynn of Hadley, Mads Tønnesson Andenæs, Duncan Fairgrieve - 2000 - 544 σελίδες
...Marshall in Marbury vs. Madison? He said: "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...conflict with each other, the Courts must decide on the operation of each. So if a law be in opposition to the Constitution; if both the law and the Constitution... | |
 | Christopher A. Anzalone - 2000 - 422 σελίδες
...Marshall Marbury v. Madison, 5 US 137, 177 (1803) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...conflict with each other, the courts must decide on the operation of each. Keywords: Judicial authority, Judicial duty, Judicial review Chief Justice John... | |
 | Jay M. Feinman - 2000 - 380 σελίδες
...law is the traditional domain of the courts. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution; if both the law and the constitution... | |
 | John E. Semonche - 2000 - 532 σελίδες
...is void." When then such conflict occurs, "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...cases, must of necessity expound and interpret that rule."86 Responding to the argument that the courts are to interpret only the law, not the Constitution... | |
 | Kermit L. Hall - 2000 - 506 σελίδες
...sentence Marshall immediately subjoined: "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...cases, must of necessity expound and interpret that rule."14' This emphasis on "case" continues throughout the ensuing paragraphs of Marshall's opinion:... | |
 | Kermit Hall - 2000 - 434 σελίδες
...v. MadisonIt is, emphatically, the province and duty of the judicial departments to say what the Jaw is. Those who apply the rule to particular cases, must of necessity expound and interpret mat rule. If two laws conflict with each other, the courts must decide on the operation of each. So,... | |
 | R. Kent Newmyer - 2001 - 552 σελίδες
...of judicial review of acts of Congress: It is, emphatically, the province and duty of the judicial department, to say what the law is. Those who apply...conflict with each other, the courts must decide on the operation of each. So, if a law be in opposition to the constitution; if both the law and the constitution... | |
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