The interpretation of the laws is the proper and peculiar province of the courts. A constitution is, in fact, and must be regarded by the judges as, a fundamental law. The Editorial Review - Page 7031912Full view - About this book
| Christopher Wolfe - 1994 - 472 pages
...question must be asked since it is precisely on this point that the power of judicial review is based: "The interpretation of the laws is the proper and peculiar province of the courts" (Federalist No. 78). The same problem arises in Wilson's discussion of particular principles of interpretation.... | |
| Bernard Schwartz - 1993 - 480 pages
...nothing."70 The courts, Hamilton urged, were designed to keep the legislature within constitutional limits. "The interpretation of the laws is the proper and...be regarded by the judges as a fundamental law. It must therefore belong to them to ascertain its meaning, as well as the meaning of any particular act... | |
| Martin H. Redish - 1995 - 240 pages
...Federalist No. 78, at 492 (Alexander Hamilton) (Benjamin F. Wright, ed. 1974) ("The interpretation of law is the proper and peculiar province of the courts....constitution is, in fact, and must be regarded by judges, as fundamental law. It therefore belongs to them to ascertain its meaning. . . ."). I have... | |
| William Quirk, R. Randall Bridwell - 1995 - 162 pages
...legislature, in order, among other things, to keep the latter within the limits assigned to their authority." The "interpretation of the laws is the proper and peculiar province of the courts", and a "constitution is in fact, and must be regarded by the judges as a fundamental law." This does... | |
| George Wescott Carey - 1994 - 220 pages
...faction may poison the fountains of justice" (483-84). In Federalist 78, Publius is content to note that "the interpretation of the laws is the proper and peculiar province of the courts." Thus, because the Constitution "is, in fact, and must be regarded by the judges as, a fundamental law,"... | |
| Elvind Smith - 1995 - 424 pages
...widespread belief that it would be applied by the judges.16 In Federalist No. 78, Hamilton insisted that the Constitution "is, in fact, and must be regarded by the judges, as a fundamental law,"17 and Marbury v. Madison emphasized precisely the same point. 18 Only after it was assumed that... | |
| Glenn Burgess - 1996 - 252 pages
...onwards): see Hamilton in The Federalist Papers, ed. Clinton Rossiter (New York, 1961), no. 78, p. 467: 'A constitution is, in fact, and must be regarded by the judges as, a fundamental law.' 37. Perhaps these remarks do something to clarify the question of the anachronism of the concept of... | |
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