Annals of the American Academy of Political and Social Science, Volúmenes73-74A.L. Hummel, 1917 |
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Página 3
... situation in 1917 is contrasted with the situation , say in 1907. Nevertheless , there still exist anomalies , duplications of effort , unnecessary cogs in the judicial machine creating friction , arresting the prompt and expedi- tious ...
... situation in 1917 is contrasted with the situation , say in 1907. Nevertheless , there still exist anomalies , duplications of effort , unnecessary cogs in the judicial machine creating friction , arresting the prompt and expedi- tious ...
Página 5
... situation , but they have moved slowly - with little unanimity . They have yielded to considerations of political expediency - they have persisted in treating judges as the incumbents of an office carrying emolument , and they resort to ...
... situation , but they have moved slowly - with little unanimity . They have yielded to considerations of political expediency - they have persisted in treating judges as the incumbents of an office carrying emolument , and they resort to ...
Página 11
... situation as follows : When the state constitution was adopted , the people of the state accepted as a part of the law of the new commonwealth the common law procedure of England as the same had been modified by the legislature of the ...
... situation as follows : When the state constitution was adopted , the people of the state accepted as a part of the law of the new commonwealth the common law procedure of England as the same had been modified by the legislature of the ...
Página 20
... situation of the administration of justice cannot be fairly or profitably accom- plished unless those who have the task in hand keep constantly in mind the popular view and even the popular prejudice with regard to the development of an ...
... situation of the administration of justice cannot be fairly or profitably accom- plished unless those who have the task in hand keep constantly in mind the popular view and even the popular prejudice with regard to the development of an ...
Página 68
... situation of a court being unable to clear its calendar of dead wood , because its rule technically con- travenes a section of the Code of Civil Procedure , which certainly had not been intended to achieve any such result . To what ...
... situation of a court being unable to clear its calendar of dead wood , because its rule technically con- travenes a section of the Code of Civil Procedure , which certainly had not been intended to achieve any such result . To what ...
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Página 35 - Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations of particular rights or privileges would amount to nothing.
Página 36 - 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 37 - It can be of no weight to say that the courts, on the pretence of a repugnancy, may substitute their own pleasure to the constitutional intentions of the legislature. This might as well happen in the case of two contradictory statutes ; or it might as well happen in every adjudication upon any single statute. The courts must declare the sense of the law ; and if they should be disposed to exercise WILL instead of JUDGMENT, the consequence would equally be the substitution of their pleasure to that...
Página 1 - In America, where the stability of Courts and of all departments of government rests upon the approval of the people, it is peculiarly essential that the system for establishing and dispensing Justice be developed to a high point of efficiency and so maintained that the public shall have absolute confidence in the integrity and impartiality of its administration.
Página 250 - Contracts, combinations, or conspiracies to control domestic enterprise in manufacture, agriculture, mining production in all its forms, or to raise or lower prices or wages, might unquestionably tend to restrain external as well as domestic trade, but the restraint would be an indirect result, however inevitable and whatever its extent, and such result would not necessarily determine the object of the contract, combination, or conspiracy.
Página 36 - ... 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. It is not otherwise to be supposed, that the Constitution could intend to enable the representatives of the people to substitute their will to that of their constituents.
Página 35 - I agree, that (( there is no liberty, if the power of judging be not separated from the legislative and executive powers...
Página 87 - The Court or a Judge may, at any stage of the proceedings, either upon or without the application of either party...
Página 36 - ... the constitution ought to be preferred to the statute, the intention of the people to the intention of their agents. 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...
Página 38 - ... where the whole power of one department is exercised by the same hands which possess the whole power of another department, the fundamental principles of a free constitution are subverted.