Statutes and Statutory Construction: Including a Discussion of Legislative Powers, Constitutional Regulations Relative to the Forms of Legislation and to Legislative Procedure, Together with an Exposition at Length of the Principles of Interpretation and Cognate TopicsCallaghan, 1891 - 696 σελίδες |
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Σελίδα iii
... judicial administration ; but this process is impaired by over- work and legislative interference . When it is considered how many legislative bodies there are , and how many independent courts administer their laws , the diversities of ...
... judicial administration ; but this process is impaired by over- work and legislative interference . When it is considered how many legislative bodies there are , and how many independent courts administer their laws , the diversities of ...
Σελίδα vii
... JUDICIAL NOTICE AND PROOF OF STATUTES , AND THEIR AUTHORITATIVE EXPOSITION . Judicial notice of statutes • • • 181 State statutes in federal courts- • 185 Foreign statutes , how proved • 188 Functions of court and jury in respect of ...
... JUDICIAL NOTICE AND PROOF OF STATUTES , AND THEIR AUTHORITATIVE EXPOSITION . Judicial notice of statutes • • • 181 State statutes in federal courts- • 185 Foreign statutes , how proved • 188 Functions of court and jury in respect of ...
Σελίδα 4
... judicial tribunal . Again , the other branch of the legislature , the commons , possess in some sort a portion of the executive and judicial power , in ex- ercising the power of accusation by impeachment ; and in this case , as also in ...
... judicial tribunal . Again , the other branch of the legislature , the commons , possess in some sort a portion of the executive and judicial power , in ex- ercising the power of accusation by impeachment ; and in this case , as also in ...
Σελίδα 5
... judicial proceedings . It is part of this judicial power to determine what the law is ; and all questions involving the validity and effect of statutes when thus determined are au- thoritatively settled.3 - § 6. The legislative power ...
... judicial proceedings . It is part of this judicial power to determine what the law is ; and all questions involving the validity and effect of statutes when thus determined are au- thoritatively settled.3 - § 6. The legislative power ...
Σελίδα 6
... judicial power is given in the constitution , and consid- ering the general nature of the instru- ment none was to be expected . Critical statements of the meanings in which all important words were to be employed would have swollen ...
... judicial power is given in the constitution , and consid- ering the general nature of the instru- ment none was to be expected . Critical statements of the meanings in which all important words were to be employed would have swollen ...
Άλλες εκδόσεις - Προβολή όλων
Statutes and Statutory Construction, Including a Discussion of Legislative ... J G 1825-1902 Sutherland Δεν υπάρχει διαθέσιμη προεπισκόπηση - 2018 |
Συχνά εμφανιζόμενοι όροι και φράσεις
Allen amended apply Asso authority Bank Barb bill Clark clause Colo Commissioners common law Commonwealth Conn constitution construction construed corporation court Davis Denio ejusdem generis embrace enacted enacting clause eral existing expressed grant Gratt Heisk held Hill implied intention Iowa Jones judicial notice jurisdiction justice lative lature legis legislative legislature limited Mass matter Mayor meaning ment Minn Miss N. J. Eq object offense Ohio St operation pari materia passed penal penalty person Pick prescribed principle provisions punishment purpose Q. B. Div R. R. Co Railroad regulate remedy repeal rule sense Smith stare decisis stat statute statutory Strob Supervisors supra take effect tion United valid void Wall Wend Wheat words Yerg
Δημοφιλή αποσπάσματα
Σελίδα 249 - that the laws of the several States, except where the Constitution, treaties, or statutes of the United States shall otherwise require or provide, shall be regarded as rules of decision in trials at common law in the courts of the United States, in cases where they apply.
Σελίδα 357 - People, of what Nation, Condition, or Quality soever, Barratry of the Master and Mariners, and of all other Perils, Losses, and Misfortunes that have or shall come to the Hurt, Detriment, or Damage of the said Goods and Merchandises and Ship, &c., or any part thereof...
Σελίδα 85 - To avoid Improper Influences which may result from Intermixing In one and the same act such things as have no proper relation to each other, every law shall embrace but one object, and that shall be expressed In the title.
Σελίδα 18 - English enterprise, ever carried this most perilous mode of hardy industry to the extent to which it has been pushed by this recent people ; a people who are still, as it were, but in the gristle, and not yet hardened into the bone of manhood. When I contemplate these things ; when I know that the colonies in general owe little or nothing to any care of ours, and that they are not squeezed into this happy form by the constraints of watchful and suspicious government, but that, through a wise and...
Σελίδα 120 - Every act shall embrace but one subject and matters properly connected therewith; which subject shall be expressed in the title. But if any subject shall be embraced in an act, which shall not be expressed in the title, such act shall be void only as to so much thereof as shall not be expressed in the title.
Σελίδα 2 - When the legislative and executive powers are united in the same person, or in the same body of magistrates, there can be no liberty ; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Σελίδα 55 - Montesquieu was guided it may clearly be inferred, that in saying "there can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates...
Σελίδα 439 - The rule that penal laws are to be construed strictly, is perhaps not much less old than construction itself. It is founded on the tenderness of the law for the rights of individuals ; and on the plain principle that the power of punishment is vested in the legislative, not in the judicial department. It is the legislature, not the court, which is to define a crime, and ordain its punishment.
Σελίδα 573 - Those directions which are not of the essence of the thing to be done, but which are given with a view merely to the proper, orderly, and prompt conduct of the business, and by a failure to obey which the rights of those interested will not be prejudiced, are not commonly to be regarded as mandatory...
Σελίδα 68 - If directions are given respecting the times or modes of proceeding in which a power should be exercised, there is at least a strong presumption that the people designed it should be exercised in that time and mode only ; and we impute to the people a want of due appreciation of the purpose and proper province of such an instrument when we infer that such directions are given...