Annals of the American Academy of Political and Social Science, Volúmenes73-74A.L. Hummel, 1917 |
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THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE Vol . LXXIII SEPTEMBER 1917 Whole No. 162 Justice through Simplified Legal Procedure Issued Bi - Monthly by the American Academy of Political and Social Science at Concord , New ...
THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE Vol . LXXIII SEPTEMBER 1917 Whole No. 162 Justice through Simplified Legal Procedure Issued Bi - Monthly by the American Academy of Political and Social Science at Concord , New ...
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AND SOCIAL SCIENCE Origin and Purpose . The Academy was organized December 14 , 1889 , to provide a national forum for the discussion of political and social questions . The Academy does not take sides upon controverted ques- tions ...
AND SOCIAL SCIENCE Origin and Purpose . The Academy was organized December 14 , 1889 , to provide a national forum for the discussion of political and social questions . The Academy does not take sides upon controverted ques- tions ...
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... J. D. Chairman , Committee of Nine , Phi Delta Phi Club New York City THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE 36TH AND WOODLAND AVENUE PHILADELPHIA Copyright , 1917 , by AMERICAN ACADEMY OF POLITICAL AND 1917 JUSTICE.
... J. D. Chairman , Committee of Nine , Phi Delta Phi Club New York City THE AMERICAN ACADEMY OF POLITICAL AND SOCIAL SCIENCE 36TH AND WOODLAND AVENUE PHILADELPHIA Copyright , 1917 , by AMERICAN ACADEMY OF POLITICAL AND 1917 JUSTICE.
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action administration of justice agricultural allies American American Bar Association American Judicature Society amount Argentina Austria-Hungary average Bar Assn Bar Association bushels cause cent chief justice City Civil Civil Procedure club Commission Committee commodities Constitution consumer consumption coöperation cost crop demand diet division economic efficiency export fact farm farmers federal food supply Germany grain important increase industry interest judges Judicature judicial Judiciary Article jurisdiction jury labor lawyers legislative legislature litigation Maize material matter meat ment method milk million N. Y. St nation necessary neutral countries organization party Phi Delta Phi potato present principle problem procedure profit question reform regulation result Roscoe Pound Russia social Society standard statute sugar Supreme Court Sweden tion tons trade trial United United Kingdom University of Pennsylvania wages wheat York
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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.