Note 7:2 — INTRODUCTORY NOTE ON THE CONSTITUTION

There are a few exceptions. Provisions giving such a power to the courts are to be found in the constitutions of the little Swiss cantons of Uri (Art. 51) and Unterwalden nid dem Wald (Art. 43). The Swiss national constitution, on the other hand (Art. 113), directs the Federal Tribunal to apply every law enacted by the national legislature. Some discussion has taken place on the question in Germany. (See Brinton Coxe, "Judicial Power and Unconstitutional Legislation," Ch. ix., and the writer's "Governments and Parties in Continental Europe," I., 282-84.) Curiously enough, a struggle over this question occurred in the Transvaal not long before the South African War (Bryce's "Studies in History and Jurisprudence," 378; Kruger's "Memoirs," 254-57). In his next inaugural address President Kruger quoted Scripture to prove that the principle of holding statutes unconstitutional had been invented by the devil. (Kruger, 354-55.)