WHAT IS A CONSTITUTION?
The Constitution is a definition of the powers of government.
Who is to determine the nature, scope and extent of such powers?
The Constitution itself has provided for the instrumentality of the judiciary as the rational way.
WHAT IS "JUDICIAL SUPREMACY"?
And when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed "judicial supremacy" which properly is the power of judicial review under the Constitution
The Constitution is a definition of the powers of government.
Who is to determine the nature, scope and extent of such powers?
The Constitution itself has provided for the instrumentality of the judiciary as the rational way.
WHAT IS "JUDICIAL SUPREMACY"?
And when the judiciary mediates to allocate constitutional boundaries, it does not assert any superiority over the other departments; it does not in reality nullify or invalidate an act of the legislature, but only asserts the solemn and sacred obligation assigned to it by the Constitution to determine conflicting claims of authority under the Constitution and to establish for the parties in an actual controversy the rights which that instrument secures and guarantees to them. This is in truth all that is involved in what is termed "judicial supremacy" which properly is the power of judicial review under the Constitution
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