 | Charles Austin Beard - 1999 - 174 pages
...to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the daw, the court must determine which of these conflicting...act, must govern the case to which they both apply. Those, then, who controvert the principle that the Constitution is^to be considered, in court, as a... | |
 | Ian Loveland - 1999 - 454 pages
...judicial department to say what the law is ... If, then, the courts are to regard the constitution [as] superior to any ordinary act of the legislature, the...ordinary act must govern the case to which they both apply".88 The 1909 Act placed few limits on the South African legislature's power to make laws in just... | |
 | Richard M Battistoni - 2000 - 198 pages
...that the Court must either decide that case conformably to the law, disregarding the Constitution, or conformably to the Constitution, disregarding the...act, must govern the case to which they both apply. Those, then, who controvert the principle that the Constitution is to be considered in court as a paramount... | |
 | Kermit L. Hall - 2000 - 506 pages
...that the court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the...case. This is of the very essence of judicial duty. The argument blurs the distinction between ordinary judicial review and substantive constitutional... | |
 | Kermit Hall - 2000 - 434 pages
...must either decide that case, conformable to the law, disregarding the constitution; or conformable to the constitution, disregarding the law; the court...case: this is of the very essence of judicial duty. Marbury v. Madison, 5 US (1 Cranch) 137 (1803). Wechsler was responding in part to Judge Hand's assertion... | |
 | David P. Currie - 2000 - 182 pages
...conflicted with the Constitution, the judge must apply one or the other; and since the Constitution was "superior to any ordinary act of the legislature,...act, must govern the case to which they both apply." Finally, the explicit constitutional limitations on congressional authority would be worthless if the... | |
 | Gordon Slynn Baron Slynn of Hadley, Mads Tønnesson Andenæs, Duncan Fairgrieve - 2000 - 544 pages
...that the Court must either decide that case conformably to the law, disregarding the Constitution; or conformably to the Constitution, disregarding the...these conflicting rules governs the case. This is of very essence of judicial duty. If, then, the Courts are to regard the Constitution, and the Constitution... | |
 | Jay M. Feinman - 2000 - 380 pages
...that the court must either decide the case conformably to the law, disregarding the constitution; or conformably to the constitution, disregarding the...determine which of these conflicting rules governs the cases. This is of the very essence of judicial duty. Thus Marshall neatly concludes the syllogism.... | |
 | Kermit L. Hall - 2000 - 390 pages
...department, to say what the law is, . . . So, if a law be in opposition to the constitution; . . . the court must determine which of these conflicting rules governs the case . . . .") . '" For citations of supporting statements by Convention delegates and in The Federalist,... | |
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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,... 
