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" Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. "
American State Trials: A Collection of the Important and Interesting ... - Halaman 585
diedit oleh - 1915
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Reports ... Proceedings, Volume 21

Ohio State Bar Association - 1900 - 240 halaman
...same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. " Again there is no liberty, if the judiciary power be not...exposed to arbitrary control ; for the judge would be then the legislator. Were it joined to the executive power, the judge might behave with violence...
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The Bench and Bar of Mississippi

James Daniel Lynch - 1881 - 570 halaman
...immaterial whether such power is vested in a single tyrant or an assembly of tyrants. "Montesquieu says that there is no liberty if the judiciary power be not separated from the legislative and executive powers. Personal security .and private property rest entirely upon the wisdom, the stability, and integrity...
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Proceedings of the ... Annual Meeting of the Alabama ..., Volume 35,Bagian 1912

Alabama State Bar Association - 1912 - 356 halaman
...laws, to execute them in a tyrannical manner. Again, there is no liberty of the judiciary power if it be not separated from the legislative and executive....exposed to arbitrary control; for the judge would be the legislator. Were it joined to the executive power, the judge might behave with violence and...
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The Pacific Reporter, Volume 205

1922 - 1152 halaman
...should enact tyrannical laws to execute them in a tyrannical manner. * * * Were the power of judging joined with the legislative, the life and liberty...be the legislator. Were it joined to the executive, the judge might behave with all the violence of an oppressor.' " We therefore conclude that the section...
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A General Treatise on Statutes: Their Rules of Construction, and the Proper ...

Sir Fortunatus Dwarris - 1885 - 698 halaman
...He cites the remarks of Montesquieu with approbation, " that it is found in human experience, that there is no liberty, if the judiciary power be not separated from the legislative and executive ;" and he adds " that it is no less true, that personal security and private property rest entirely...
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Memorial of the Bar Association of San Francisco to the Legislature of the ...

Bar Association of San Francisco - 1886 - 18 halaman
...necessity for a complete independence of the judicial power, and, in his "Spirit of Laws," he tersely says "there is no liberty if the judiciary power be not separated from the legislative and executive powers." In order to secure this independence, the sages who framed our Federal Constitution provided...
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Parliamentary Debates

New Zealand. Parliament. House of Representatives - 1886 - 1102 halaman
...both from the Legislature and also from the executive power." And the President Montesquieu declares " there is no liberty if the judiciary power be not separated from the legislative and executive." Sir, I say that the Legislature of New Zealand have affirmed these same principles, which the claim...
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The Federal Constitution: An Essay

John Freeman Baker - 1887 - 156 halaman
...good behavior. A remark well founded in human experience is that of Montesquieu, made long ago, that " there is no liberty, if the judiciary power be not separated from the legislative and executive powers." This department is properly invested with power to expound the Constitution, to declare what...
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The Trial of the Rhode Island Judges: An Episode Touching Currency and ...

John Winslow - 1887 - 32 halaman
...and honorably associated. Baron Montesquieu was quoted, where he says, in his " Spirit of Laws" that "there is no liberty, if the Judiciary power be not separated from the legislative and executive." Judges Tillinghast and Hazard followed Judge Howell. Judgp Tilliughast said, " The opinion I gave upon...
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Pennsylvania and the Federal Constitution, 1787-1788

Historical Society of Pennsylvania - 1888 - 878 halaman
...is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and...to arbitrary control; for the judge would then be legislator. Were it joined to the executive power, the judge might behave with all the violence of...
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