Massachusetts Spy (April 29, 1773)(Principle of judicial review. In addition, much like the prohibition of unreasonable searches and seizures under the Fourth Amendment of the US Constitution).
“A course of precedents and judicial proceedings in Courts of justice make the law: it would be endless to cite cases upon it. A course of practice for a few years has been held to controul an Act of Parliament.”
Wilkes' Case (1770), 19 How. St. Tr. 1130.
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John Eardley Wilmot 22
English judge 1709–1792Related quotes
Bradley and another v. Clark (1793), 5 T. R. 201.
Ex parte Rev. James Bell Cox (1887), L. R. 20 Q. B. D. 19.
5. U.S. (1 Cranch) 137
Marbury v. Madison (1803)
Source: The Struggle for Judicial Supremacy: A Study in Crisis in American Power Politics (1941), P. 297
“A casus omissus can in no case be supplied by a Court of law, for that would be to make laws.”
Jones v. Smart (1785), 1 T. R. 52.
Letter to Louis D. Brandeis, dated (22 January 1919).
Extra-judicial writings
Grigby v. Oakes (1801), 1 Bos. & Pull. 528.
" Excerpts From Interview With Chief Justice Burger on Role of the Supreme Court http://www.nytimes.com/1971/07/04/archives/excerpts-from-interview-with-chief-justice-burger-on-role-of-the.html", The New York Times (July 4, 1971).