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 American Law Register and Review - Page 8051895Full view - About this book
| William Bondy - Separation of powers - 1998 - 186 pages
...attentive consideration. It is emphatically the province and duty of the judicial department: to say what the law is. Those who apply the rule to particular...laws conflict with each other, the courts must decide upon the operation of each. So if a law be in opposition to the constitution; if both the law and the... | |
| Jack Beatson, Takis Tridimas - Law - 1998 - 215 pages
...the province and duty of the judicial department to say what the law is. Those who apply the rules to particular cases, must of necessity expound and...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 apply to a particular... | |
| Jean Edward Smith - Biography & Autobiography - 1998 - 788 pages
...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 case, "the Court must... | |
| Richard M Battistoni - Law - 2000 - 198 pages
...attentive consideration. It is emphatically the province and duty of the Judicial Department to say what the law is. Those who apply the rule to particular...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 apply to a... | |
| Jay M. Feinman - Business & Economics - 2000 - 380 pages
...domain of the courts. It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...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 apply to a particular... | |
| Christopher A. Anzalone - 2000 - 422 pages
...US 137, 177 (1803) It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...other, the courts must decide on the operation of each. Keywords: Judicial authority, Judicial duty, Judicial review Chief Justice John Marshall Trustees of... | |
| Gordon Slynn Baron Slynn of Hadley, Mads Tønnesson Andenæs, Duncan Fairgrieve - Law - 2000 - 544 pages
...Madison? He said: "It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular...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 apply to a particular... | |
| John E. Semonche - History - 2000 - 532 pages
...such conflict occurs, "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."86 Responding to the argument that the courts are to interpret only the law, not the Constitution... | |
| Kermit L. Hall - Law - 2000 - 506 pages
...immediately subjoined: "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."14' This emphasis on "case" continues throughout the ensuing paragraphs of Marshall's opinion:... | |
| Kermit Hall - Law - 2000 - 434 pages
...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,... | |
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