A General Treatise on Statutes: Their Rules of Construction, and the Proper Boundaries of Legislation and of Judicial InterpretationW. Gould, 1885 - 693 lappuses |
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1.–5. rezultāts no 82.
46. lappuse
... void . Notwithstanding the difference in power and effect , as we have shown , between the statutes passed by the English parliament , and those passed by the legislature of the American States , the law of interpretation of statutes in ...
... void . Notwithstanding the difference in power and effect , as we have shown , between the statutes passed by the English parliament , and those passed by the legislature of the American States , the law of interpretation of statutes in ...
55. lappuse
... VOID . It is proposed to examine the nature of each successively ; the rules with regard to their construction will be more fitly consid- ered at a future period . a See 2 Chitty , Pl . 450 and notes ; Puckle v . Moor , 1 Vents . 191 ...
... VOID . It is proposed to examine the nature of each successively ; the rules with regard to their construction will be more fitly consid- ered at a future period . a See 2 Chitty , Pl . 450 and notes ; Puckle v . Moor , 1 Vents . 191 ...
65. lappuse
... void for repugnacy to the con- stitution , is at all times a question of delicacy , which ought sel- dom , if ever , to be decided in the affirmative in a doubtful case . But a court , when impelled by duty , would be unworthy of its ...
... void for repugnacy to the con- stitution , is at all times a question of delicacy , which ought sel- dom , if ever , to be decided in the affirmative in a doubtful case . But a court , when impelled by duty , would be unworthy of its ...
67. lappuse
... void and inoperative . As the constitution is the supreme law of the land , in a conflict between that and the laws , either of Congress , or of the States , it becomes the judiciary to follow that only , which is of paramount ...
... void and inoperative . As the constitution is the supreme law of the land , in a conflict between that and the laws , either of Congress , or of the States , it becomes the judiciary to follow that only , which is of paramount ...
75. lappuse
... void . Some parts of Magna Charta , although it be ex- pressly declared by the 42 Ed . 3 , c . 2 , that all statutes contrary thereto shall be void , have been repealed , and other parts have been altered by subsequent statutes ; yet ...
... void . Some parts of Magna Charta , although it be ex- pressly declared by the 42 Ed . 3 , c . 2 , that all statutes contrary thereto shall be void , have been repealed , and other parts have been altered by subsequent statutes ; yet ...
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act of parliament action adopted applied arrest authority Barb citizen civil claim clause committed common law congress Const constitution construction construed contract court courts of equity criminal declared defendant doctrine doubt duty effect eminent domain enacting enacting clause equity established execution exercise existing express extend give habeas corpus held house of commons individual Inst intention interpretation judges judgment judicial judiciary jurisdiction jury justice land legislative power legislature liberty limited Lord Lord Coke Lord Denman Lord Ellenborough Lord Tenterden matter Mayor meaning ment nature object offence opinion particular party passed penalty person possess preamble principles private property privilege proceedings prohibited protection provisions punishment purpose question reason regarded regulated remedy repeal repugnant restrain rule rule of construction says sense sovereign stat statute supreme taken taxation thing tion trial United void Wend words writ
Populāri fragmenti
365. lappuse - If two laws conflict with each other, the courts must decide on the operation of each. So if a law be in opposition to the constitution, if both the law and the constitution apply to a particular case so that the court must either decide that case conformably to the law disregarding the constitution or conformably to the constitution disregarding the law, the court must determine which of these conflicting rules governs the case. This is of the very essence of judicial duty.
557. lappuse - The free exercise and enjoyment of religious profession and worship, without discrimination or preference, shall forever be allowed in this state to all mankind ; and no person shall be rendered incompetent to be a witness on account of his opinions on matters of religious belief; but the liberty of conscience hereby secured shall not be so construed as to excuse acts of licentiousness, or justify practices inconsistent with the peace or safety of this state.
469. lappuse - By the law of the land is most clearly intended the general law ; a law which hears before it condemns ; which proceeds upon inquiry, and renders judgment only after trial.
364. lappuse - To what purpose are powers limited, and to what purpose is that limitation committed to writing, if these limits may at any time be passed by those intended to be restrained ? The distinction between a government with limited and unlimited powers is abolished if those limits do not confine the persons on whom they are imposed, and if acts prohibited and acts allowed are of equal obligation.
365. lappuse - It is emphatically the province and duty of the judicial department to say what the law is. Those who apply the rule to particular cases must of necessity expound and interpret that rule. If two laws conflict with each other, the courts must decide on the operation of each.
168. lappuse - Every law that alters the legal rules of evidence, and receives less or different testimony than the law required at the time of the commission of the offense, in order to convict the offender.
428. lappuse - That government can scarcely be deemed to be free where the rights of property are left solely dependent upon the will of a legislative body, without any restraint. The fundamental maxims of a free government seem to require that the rights of personal liberty and private property should be held sacred.
44. lappuse - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime or criminal; this being the place where that absolute despotic power which must in all governments reside somewhere is intrusted by the Constitution of these kingdoms.
397. lappuse - No member of this state shall be disfranchised, or deprived of any of the rights or privileges secured to any citizen thereof, unless by the law of the land or the judgment of his peers.
494. lappuse - No person shall be held to answer for a capital or otherwise infamous crime (except in cases of impeachment, and in cases of militia when in actual service ; and the land and naval forces in time of war...