...the lack of a separate and independent judiciary. "There is no liberty," says Montesquieu, "if the power of judging be not separated from the legislative and executive powers."" But when Plato looks for persons especially qualified to administer justice, he invariably turns to...

..."parallel" to the legislature." There can be no liberty, Madison said, quoting Montesquieu, "if the power of judging be not separated from the legislative and executive powers."" Judges are not, as Justice Frankfurter said, authorized to pronounce policy or to sit in judgment on...

...branches. In the Federalist Papers, No. 78, Hamilton wrote, "For I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers. . . .[L]iberty can have nothing to fear from the judiciary alone, but would have everything to fear...

...Founders sought to create a zone of judicial independence in resolving cases: "There is no liberty, if the power of judging be not separated from the legislative and executive powers."' That independence required that judges be insulated from public pressure, free to make unpopular decisions....

...legislative and executive powers are united in the same person, or body of magistrates," or, "if the power of judging be not separated from the legislative and executive powers," he did not mean that these departments ought to have no partial agency in, or no control over, the...

...branches. In the Federalist Papers, No. 78, Hamilton wrote, "For I agree that there is no liberty, if the power of judging be not separated from the legislative and executive powers. . . . [Ljiberty can have nothing to fear from the judiciary alone, but would have everything to fear...

...truly distinct from both the legislative and executive. For I agree that "there is no liberty if the power of judging be not separated from the legislative and executive powers. "t And it proves, in the last place, that as liberty can have nothing to fear from its judiciary alone,...

...should enact tyrannical laws, to execute them in a tyrannical manner. Again, there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary...

...and any degree of freedom preserved." 3 " I agree," says Hamilton, " that there is no liberty if the power of judging be not separated from the legislative and executive powers." 4 In more modern times, Webster says: " The separation of 1 Federalist, no. xfvii. * Notes on Virginia,...

...the legislative and executive powers are united in the same person or body of magistrates, or if the power of judging be not separated from the legislative and executive powers.' Again at p. 2382 he was of the view that: 'If the basic postulate that a sovereign can act only by...