The High Court of Parliament and Its Supremacy: An Historical Essay on the Boundaries Between Legislation and Adjudication in EnglandYale University Press, 1910 - 408 páginas |
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Página 64
... lawyer that no judge of to- day would be tempted to express.1 Even Bacon agrees with Coke that Magna Charta is unalterable . In his Brief Discourse upon the Commis- sion of Bridewell he says : " In the said great Charter of England , in ...
... lawyer that no judge of to- day would be tempted to express.1 Even Bacon agrees with Coke that Magna Charta is unalterable . In his Brief Discourse upon the Commis- sion of Bridewell he says : " In the said great Charter of England , in ...
Página 74
... lawyers was hostile . His Majesty had observed " that ever since his coming to the crown , the popular sort of lawyers have been the men , that most affrontedly in all parliaments have trod- den upon his prerogative . ” 1 The ...
... lawyers was hostile . His Majesty had observed " that ever since his coming to the crown , the popular sort of lawyers have been the men , that most affrontedly in all parliaments have trod- den upon his prerogative . ” 1 The ...
Página 76
... lawyers was hostile . His Majesty had observed " that ever since his coming to the crown , the popular sort of lawyers have been the men , that most affrontedly in all parliaments have trod- den upon his prerogative . " 1 The ...
... lawyers was hostile . His Majesty had observed " that ever since his coming to the crown , the popular sort of lawyers have been the men , that most affrontedly in all parliaments have trod- den upon his prerogative . " 1 The ...
Página 80
... Lawyer , nor is law- full to be disputed . " 1 In opposition to this theory , many of the lawyers " denied the necessity for there being any man or body of men above the law ; " 2 it was " the golden met - wand and measure to try the ...
... Lawyer , nor is law- full to be disputed . " 1 In opposition to this theory , many of the lawyers " denied the necessity for there being any man or body of men above the law ; " 2 it was " the golden met - wand and measure to try the ...
Página 81
... lawyers was to be admitted , the supreme authority would be their exclusive pos- session.1 James's antipathy to the lawyers was founded in a true instinct , as was his opposition to the Presby- · terians . As the constitutional struggle ...
... lawyers was to be admitted , the supreme authority would be their exclusive pos- session.1 James's antipathy to the lawyers was founded in a true instinct , as was his opposition to the Presby- · terians . As the constitutional struggle ...
Otras ediciones - Ver todo
The High Court of Parliament and Its Supremacy: An Historical Essay on the ... Charles Howard McIlwain Vista de fragmentos - 1934 |
Términos y frases comunes
act of Parliament ancient assizes authority barons bill of attainder body cause Chancellor Chancery character Charter cited Coke Coke's common law commonwealth Const Court of Parliament Curia custom declared Dicey distinction Divine Right doctrine Edward Edward III enactments existence fact feudal fundamental law hath Henry Henry VIII High Court Hist History House of Commons House of Lords Ibid idea inquest Inst institutions judgement judges Judicature jurisdiction jury Justice King King's Bench lative law of reason lawyers legis legislative power legislative sovereignty legislature liament Lords House Magna Charta Maitland matters mediaeval ment modern ordinances Parl Parlia parliamentary sovereignty petitions political practice prerogative principle private bills privilege Professor Prynne question realm regis reign Rolls Series says seventeenth century Sir Frederick Pollock Sir Thomas sovereign Star Chamber statement statute Stubbs supremacy supreme theory things tion to-day triers Tudor void words writ
Pasajes populares
Página xvii - Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise People to discourage and restrain it.
Página 129 - The power and jurisdiction of parliament, says Sir Edward Coke, is so transcendent and absolute that it cannot be confined. either for causes or persons, within any bounds.
Página 102 - Crown, shall be void and of no avail or force whatever ; but the matters which are to be established for the estate of our lord the King and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded, and established in Parliaments, by our lord the King, and by the assent of the prelates, earls, and barons, and the commonalty of the realm ; according as it hath been heretofore accustomed.
Página 273 - 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 307 - ... there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Página 349 - Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established...
Página 217 - Parliamenti, that all weighty matters in any Parliament moved, concerning the peers of the realm, or Commons in Parliament assembled, ought to be determined, adjudged, and discussed, by the course of the Parliament, and not by the Civil Law, nor yet by the common laws of this realm used in more inferior courts.
Página 128 - Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob. 110, 111. Lex. Parl. 114, 115. Jour. HC Mar. 17, 1592. Hale. Parl. 105. For the Lords in their House have power of judicature, the Commons in their House have power of judicature...
Página 320 - And further, we be informed by our judges that we at no time stand so highly in our estate royal as in the time of parliament, wherein we as head and you as members are conjoined and knit together into one body politic...
Página 204 - Whilst it is impossible to lay down a hard and fast rule as to the...