| Joseph Nimmo (Jr.) - 1905 - 40 páginas
...commended by Madison, by Hamilton and by Judge Story, all of whom adopted the opinion of Montesquieu that "there is no liberty if the power of judging be not...separated from the legislative and executive powers." By fully adopting this view the United States became the only nation on the globe in which the "judicial... | |
| United States. Congress. Senate. Committee on Interstate Commerce - 1905 - 332 páginas
...branch of the Government, the framers of the Constitution having adopted the view of Montesquieu that "there is no liberty if the power of judging be not...separated from the legislative and executive powers." In England it is different. The supreme judicial power of Great Britain is the House of Lords, a nonrepresentative... | |
| David L. Sills, Robert King Merton - 2000 - 466 páginas
...Again, there is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and...exposed to arbitrary control; for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence... | |
| Derek H. Davis - 2000 - 328 páginas
...body of the people, at certain times of the year, and pursuant to a form and manner prescribed by law. There is no liberty, if the power of judging be not...separated from the legislative and executive powers." "Military men belong to a profession, which may be useful, but is often dangerous." — "The enjoyment... | |
| Richard M Battistoni - 2000 - 198 páginas
...the judiciary remains truly distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not...separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone,... | |
| Kermit L. Hall - 2000 - 506 páginas
...would compromise this absence of policy and statecraft in the judiciary that Montesquieu concluded "there is no liberty, if the power of judging be not...separated from the legislative and executive powers." Id. at 202. As if uncannily anticipating the modern phenomenon of instrumentalist jurisprudence, Montesquieu... | |
| Bernard H. Siegan - 356 páginas
...the judiciary remains truly distinct from both the legislature and the executive. For I agree that 'there is no liberty if the power of judging be not...separated from the legislative and executive powers. '"% Hamilton exhibited great perception in these observations. The history of the Supreme Court has... | |
| Enid Campbell, H. P. Lee - 2001 - 334 páginas
...[T]here is no liberty, if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and liberty of the subject would he exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the... | |
| Hilaire Barnett - 2002 - 1117 páginas
...no liberty if the power of judging is not separated from the legislative and executive. If it were joined with the legislative, the life and liberty...exposed to arbitrary control; for the judge would then be the legislator. If it were joined to the executive power, the judge might behave with violence... | |
| Albert Bushnell Hart - 2002 - 680 páginas
...Again, there is no liberty if the judiciary power be not separated from the legislative and executive. Were it joined with the legislative, the life and...liberty of the subject would be exposed to arbitrary controul ; for the judge would be then the legislator. Were it joined to the executive power, the judge... | |
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