 | Walter Loewy - Constitutional law - 1905 - 102 pages
...what the law is So if a law be in opposition to the Constitution; if both the law and the Conslilulion apply to a particular case, so that the court must...case. This is of the very essence of judicial duty." „If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Frank J. Goodnow - Administrative law - 1906 - 740 pages
...the Constitution : or conformably to the Constitution, disregarding the law; the court must decide which of these conflicting rules governs the case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Henry Newton Ess - Local taxation - 1907 - 420 pages
...the Constitution ; if both the law and Constitution apply to a particular case, so that the courts must either decide that case conformably to the law,...case. "This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution; and the Constitution is superior to any ordinary... | |
 | Albert Hutchinson Putney - Law - 1908 - 608 pages
...particular case, so that the court must either decide that case conformably to the law, disregarding tho Constitution, or conformably to the Constitution,...case. This is of the very essence of judicial duty. "If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Albert H. Putney - Law - 1908 - 392 pages
...must either decide that case conformably to the law, disregarding the Constitution, or comformably to the Constitution, disregarding the law, the Court...case. This is of the very essence of judicial duty. ' 'If then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Abraham Clark Freeman - Law reports, digests, etc - 1909 - 1212 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case. This is of the very essence of judicial duty. If, then, the courts are to regard the constitution, and the constitution is superior to any ordinary... | |
 | Edwin Anderson Alderman, Joel Chandler Harris, Charles W. Kent - American literature - 1909 - 504 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Edwin Anderson Alderman, Joel Chandler Harris, Charles W. Kent - American literature - 1909 - 506 pages
...interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each. the law and the Constitution apply to a particular...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Charles Austin Beard - United States - 1909 - 664 pages
...opposition to the Constitution; if both the law and the Constitution apply to a particular case, so fhat the court must either decide that case conformably...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and the Constitution is superior to any ordinary... | |
 | Clubs - 1910 - 174 pages
...however, receive a more attentive consideration. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply...case. This is of the very essence of judicial duty. If, then, the courts are to regard the Constitution, and that Constitution is superior to any ordinary... | |
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So if a law be in opposition to the constitution; if both the law and the constitution apply to a particular case, so that the court must either decide that case conformably to the law, disregarding the constitution, or conformably to the constitution,... 
