Guide to the History of the Laws and Constitutions of England, Consisting of Six Lectures, Delivered at the Colleges of SS. Peter and Paul, Prior Park, Bath...

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V. and R. Stevens and G.S. Norton, 1845 - 433 páginas
 

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Página 259 - And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void ; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void ; and therefore in 8 E 330 ab Thomas Tregor's case on the statutes of W.
Página 375 - That levying money for or to the use of the crown, by pretence of prerogative, without grant of parliament, for longer time, or in other manner, than the same is or shall be granted, is illegal.
Página 393 - That the pretended power of dispensing with laws, or the execution of laws, by regal authority, as it hath been assumed and exercised of late, is illegal.
Página 11 - In no country, perhaps, in the world is the law so general a study. The profession itself is numerous and powerful, and in most provinces it takes the lead. The greater number of the deputies sent to the Congress were lawyers. But all who read, and most do read, endeavor to obtain some smattering in that science.
Página 246 - And forasmuch as the said inhabitants have always hitherto been bound by the acts and statutes made and ordained by your said Highness, and your most noble progenitors, by authority of the said court, as far forth as other counties, cities, and boroughs have been, that have had their knights and burgesses within your said court of Parliament...
Página 77 - De minoribus rebus principes consultant; de majoribus omnes : ita tamen, ut ea quoque, quorum pênes plebem arbitrium est, apud principes pertractentur.
Página 250 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws concerning matters of all possible denominations, ecclesiastical or temporal, civil, military, maritime, or criminal: this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these kingdoms.
Página 250 - It can change and create afresh even the constitution of the kingdom and of Parliaments themselves ; as was done by the act of union, and the several statutes for triennial and septennial elections. It can, in short, do everything that is not naturally impossible ; and therefore some have not scrupled to call its power, by a figure rather too bold, the omnipotence of Parliament.
Página 253 - It would be hard to point out any error more truly subversive of all the order and beauty, of all the peace and happiness, of human society, than the position, that any body of men have a right to make what laws they please ; or that laws can derive any authority from their institution merely and independent of the quality of the subject-matter.
Página 249 - You are appointed to act under the constitution, not to alter it. You are appointed to exercise the functions of legislators, and not to transfer them. And if you do so your act is a dissolution of the government. You resolve society into its original elements, and no man in the land is bound to obey you.

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