The American Law Review, Volume 30Little, Brown, and Company, 1896 - Law |
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Page 63
Having advanced the somewhat bold proposition that the question as to whether
a law is constitutional or unconstitutional , is not a judicial one , Mr. Allen takes
him to task for failing to show on logical grounds wherein the question is not ...
Having advanced the somewhat bold proposition that the question as to whether
a law is constitutional or unconstitutional , is not a judicial one , Mr. Allen takes
him to task for failing to show on logical grounds wherein the question is not ...
Page 115
The writer of it is carried away with the enormity of the fraud practiced upon the
legislation of North Carolina , and in his blind zeal overlooks the primary question
to be considered , - the power of the judicial branch of the government to ...
The writer of it is carried away with the enormity of the fraud practiced upon the
legislation of North Carolina , and in his blind zeal overlooks the primary question
to be considered , - the power of the judicial branch of the government to ...
Page 116
It thus appears that the proposition was merely the right of a private citizen and
tax - payer to take an appeal from the Legislature of the State , through its
appropriate machinery , to a single member of the judicial department of the State
...
It thus appears that the proposition was merely the right of a private citizen and
tax - payer to take an appeal from the Legislature of the State , through its
appropriate machinery , to a single member of the judicial department of the State
...
Page 117
Turning now to the other branch of the question , the right of the judicial courts to
judge for themselves , for any purpose connected with the rightful exercise of
their jurisdiction , what is law and what is not law , we see no ground to alter the ...
Turning now to the other branch of the question , the right of the judicial courts to
judge for themselves , for any purpose connected with the rightful exercise of
their jurisdiction , what is law and what is not law , we see no ground to alter the ...
Page 131
To do either is unjustifiable , and is " an unwarranted exercise of judicial
legislation ” ( 39 Cent . Law Jour . 217 ) , and it is unnecessary . The true view of
this question is set forth in two very able notes in volume 4 , page 394 , and
volume 8 ...
To do either is unjustifiable , and is " an unwarranted exercise of judicial
legislation ” ( 39 Cent . Law Jour . 217 ) , and it is unnecessary . The true view of
this question is set forth in two very able notes in volume 4 , page 394 , and
volume 8 ...
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