A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory Notes |
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Página 27
But it may be objected that , although the legislature would be bound by a
fundamental regulation , made by a convention or other body delegated
expressly for such a purpose , the body who formed this , not having been thus
specially ...
But it may be objected that , although the legislature would be bound by a
fundamental regulation , made by a convention or other body delegated
expressly for such a purpose , the body who formed this , not having been thus
specially ...
Página 29
But it has been supposed that the legislature can do this . To decide this question
, I have already stated that the legislature derive their existence from the
Constitution . It may be answered that those members who passed the law under
...
But it has been supposed that the legislature can do this . To decide this question
, I have already stated that the legislature derive their existence from the
Constitution . It may be answered that those members who passed the law under
...
Página 30
1st , Because we may presume , that if there be any such , their
unconstitutionality has not yet been discovered by the legislature , which , if it had
been done , ( from the instance before recited , and some other instances ) we
have reason to ...
1st , Because we may presume , that if there be any such , their
unconstitutionality has not yet been discovered by the legislature , which , if it had
been done , ( from the instance before recited , and some other instances ) we
have reason to ...
Página 41
If there can be judges in chancery who have no commission during good
behaviour , their tenure of office is absolutely at the will of the legislature , and
they consequently are not independent . The people of Virginia intended that the
judiciary ...
If there can be judges in chancery who have no commission during good
behaviour , their tenure of office is absolutely at the will of the legislature , and
they consequently are not independent . The people of Virginia intended that the
judiciary ...
Página 284
The legislature considered this as an evil , and they have here provided the
remedy ; their intention is to prevent any trial for treason or felony without a
previous examination . How shall this intention of the legislature be carried into
effect ?
The legislature considered this as an evil , and they have here provided the
remedy ; their intention is to prevent any trial for treason or felony without a
previous examination . How shall this intention of the legislature be carried into
effect ?
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A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia Court Sin vista previa disponible - 2019 |
A Collection of Cases Decided by the General Court of Virginia, Chiefly ... Virginia General Court Sin vista previa disponible - 2016 |
Términos y frases comunes
acquit adjourned aforesaid answer appear appointment arising arrest assembly attorney authority called cause chancery charged circuit court clerk committed commonwealth considered consisting constitution contrary convicted county court court of appeals crime criminal decided decision defendant directed discharge discriminate distinct district court dollars duty evidence examining court executive exercise existence fact felony former further give given guilty hath held indictment intended issue James John judges judgment judiciary June jurisdiction jury justice legislature manslaughter matter ment mentioned motion murder necessary Note November object offence opinion party passed peace person plaintiff plea pleaded present principles prisoner proceedings prosecution prove question reason record remanded rendered Reports returned rule Samuel Myers separate shew statute superior court supposed term thing third tion trial tried verdict Virginia vols warrant White
Pasajes populares
Página 82 - There is no position which depends on clearer principles than that every act of a delegated authority contrary to the tenor of the commission under which it is exercised is void. No legislative act, therefore, contrary to the Constitution, can be valid. To deny this would be to affirm that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers may do not only...
Página 83 - Nor does this conclusion by any means suppose a superiority of the judicial to the legislative power. It only supposes that the power of the people is superior to both; and that where the will of the legislature, declared in its statutes, stands in opposition to that of the people, declared in the Constitution, the judges ought to be governed by the latter rather than the former. They ought to regulate their decisions by the fundamental laws, rather than by those which are not fundamental.
Página 102 - That no free government, or the blessings of liberty, can be preserved to any people, but by a firm adherence to justice, moderation, temperance, frugality, and virtue, and by frequent recurrence to fundamental principles.
Página 82 - If it be said that the legislative body are themselves the constitutional judges of their own powers, and that the construction they put upon them is conclusive upon the other departments, it may be answered that this cannot be the natural presumption, where it is not to be collected from any particular provisions in the Constitution.
Página 82 - It is far more rational to suppose, that the courts were designed to be an intermediate body between the people and the legislature, in order, among other things, to keep the latter within the limits assigned to their authority.
Página 83 - If there should happen to be an irreconcilable variance between the two, that which has the superior obligation and validity ought, of course, to be preferred; or, in other words, the Constitution ought to be preferred to the statute, the intention of the people to the intention of their agents.
Página 179 - That all power is vested in, and consequently derived from, the people; that magistrates are their trustees and servants, and at all times amenable to them.
Página 82 - The interpretation of the laws is the proper and peculiar province of the Courts. A Constitution is, in fact, and must be regarded by the Judges, as a fundamental law. It therefore belongs to them to ascertain its meaning, as well as the meaning of any particular Act proceeding from the Legislative body.
Información bibliográfica
| Título | A Collection of Cases Decided by the General Court of Virginia, Chiefly Relating to the Penal Laws of the Commonwealth, Copied from the Records of Said Court, with Explanatory Notes |
| Autores | Virginia. General Court, William Brockenbrough, Hugh Holmes |
| Editor | James Webster, 1815 |
| Procedencia del original | de la Universidad de Virginia |
| Digitalizado | 19 Dic. 2007 |
| Largo | 336 páginas |
| Exportar cita | BiBTeX EndNote RefMan |