 | William John Tossell - Law reports, digests, etc - 1913 - 912 pages
...superiority of the judiciary to the legislative. It only supposes that the power of the people is superior to both, and that where the will of the legislature, declared in statutes, stands in opposition to that of the people, declared in the constitution, the judges ought... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1901 - 536 pages
...of the judicial to the legislative power. Jt only supposes that the power of the people is superior to both ; and that where the will of the legislature,...their decisions by the fundamental laws rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | Literature - 1901 - 484 pages
...of the judic1al 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,...their decisions by the fundamental laws, rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | Alexander Hamilton, James Madison, John Jay - Constitutional law - 1901 - 520 pages
...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,...their decisions by the fundamental laws rather than by those which are not fundamental. This exercise of judicial discretion, in determining between two... | |
 | Iowa - 1903 - 606 pages
...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,...their decisions by the fundamental laws rather than by those which are not fundamental."1 1 The Federalist, LXXVIII. In the Massachusetts Convention of... | |
 | Thomas McIntyre Cooley, Victor Hugo Lane - Constitutional law - 1903 - 1172 pages
...will of the legislature, declared in its statutes, stands in opposition to that declared by the people in the constitution, the judges ought to be governed...latter rather than the former. They ought to regulate Concluisiveness of Judicial Decisions. But a question which has arisen and been passed upon in one... | |
 | 1923 - 512 pages
...6f 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,...their decisions by the fundamental laws rather than by those which are not fundamental." There is, therefore, no historical basis for the assertion that... | |
 | Law reports, digests, etc - 1904 - 1072 pages
...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,...their decisions by the fundamental laws, rather than by those which are not fundamental." The Federalist, Lodge:s ed. 482, 484. Doubtless some consideration... | |
 | Charles Grove Haines - Courts - 1909 - 194 pages
...the will of the people shall prevail and that the courts are the better interpreters of that will. " Where the will of the legislature, declared in its...their decisions by the fundamental laws, rather than by those which are not fundamental." 3 Hamilton admitted that to a certain degree this was a rule of... | |
 | Percy Lewis Kaye - United States - 1910 - 594 pages
...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,...their decisions by the fundamental laws, rather than by those which are not fundamental. . . . If, then, the courts of justice are to be considered as the... | |
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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... 
