 | Clint Bolick - Social Science - 1988 - 174 pages
...against governmental abuses in the constitutional system of checks and balances, Marshall declared that the "very essence of civil liberty certainly...duties of government is to afford that protection." 1v Accordingly, he concluded that "an act of the legislature, repugnant to the Constitution, is void.'"... | |
 | United States. Congress. Senate. Committee on the Judiciary - Judges - 1989 - 1462 pages
...so as to grant the necessary relief."); see also Marburv v. Madison. 5 US (1 Cranch) 137, 163 (1803) ("the very essence of civil liberty certainly consists...protection of the laws, whenever he receives an injury"). of Judge Bork's philosophy as applied to civil liberties which are crucial to protection and advancement... | |
 | United States. Supreme Court, John Chandler Bancroft Davis, Henry Putzel, Henry C. Lind, Frank D. Wagner - Courts - 1989 - 1182 pages
...137, 163 (1803), a case itself involving review of executive action, Chief Justice Marshall insisted that "[t]he very essence of civil liberty certainly...every individual to claim the protection of the laws." Later, in the lesser known but nonetheless important case of United States v. Nourse, 9 Pet. 8, 28-29... | |
 | David P. Currie - Law - 1994 - 682 pages
...private violence, it must protect blacks as well.41 Chief Justice Marshall put the point more broadly: "The very essence of civil liberty certainly consists...of the first duties of government is to afford that protection."42 Though Marshall did not invoke the Constitution in this passage, it would not be a huge... | |
 | Michael J. Glennon - Law - 1990 - 382 pages
...value."212 The alternative is a complete absence of any legal remedy and continued constitutional violation. "The very essence of civil liberty certainly consists in the right of any individual to claim the protection of the laws, whenever he receives an injury," Chief Justice... | |
 | Martin O'Hare - Business & Economics - 1991 - 506 pages
...expressed his understanding of this contractual responsibility, "The very essence of civil liberty . . . consists in the right of every individual to claim the protection of the laws, whenever he [or she] receives an injury" (163). It should be mentioned in haste, though, that throughout the history... | |
 | California. Supreme Court - Law reports, digests, etc - 1906 - 786 pages
...very essence of civil liberty," says Chief Justice Marshall, who delivered the opinion of the Court, " certainly consists in the right of every individual...duties of Government is to afford that protection. In Great Britain the King himself is sued in the respectful form of a petition, and he never fails... | |
 | Jefferson Powell - Law - 1993 - 320 pages
...system authorized to order the employment of force in order to implement judicial rights decisions.50 "The very essence of civil liberty certainly consists...the protection of the laws, whenever he receives an injury."51 Constitutional rights talk legitimates the American polity not by appealing to shared, substantive... | |
 | David P. Currie - Law - 1994 - 460 pages
...Article 20(3) that the administration follow the law, and the law ends where discretion begins.314 308 "The very essence of civil liberty certainly consists...protection of the laws, whenever he receives an injury." Marbury v. Madison, 5 US 137, 163 (1803). 309 On occasion the Court has held that in particular contexts... | |
| |
The very essence of civil liberty certainly consists in the right of every individual to claim the protection of the laws, whenever he receives an injury. 
