 | Richard J. Ellis - Biography & Autobiography - 1999 - 340 pages
...of magistracy," wrote Montesquieu, "there can be then no liberty." Nor can there be liberty "if the power of judging be not separated from the legislative and executive powers" (1977. 202 |bk. 11, chap. 6]). duction of misery to all men. [The device] of the several powers being... | |
 | Richard M Battistoni - Law - 2000 - 198 pages
...distinct from both the legislature and the Executive. For I agree, that "there is no liberty, if the power of judging be not separated from the legislative and executive powers." And it proves, in the last place, that as liberty can have nothing to fear from the judiciary alone, but... | |
 | F. Venter - Law - 2000 - 316 pages
...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... | |
 | Kermit L. Hall - Law - 2000 - 506 pages
...absence of policy and statecraft in the judiciary that Montesquieu concluded "there is no liberty, if the power of judging be not separated from the legislative and executive powers." Id. at 202. As if uncannily anticipating the modern phenomenon of instrumentalist jurisprudence, Montesquieu... | |
 | Derek H. Davis - Religion - 2000 - 328 pages
...times of the year, and pursuant to a form and manner prescribed by law. There is no liberty, if the power of judging be not separated from the legislative and executive powers." "Military men belong to a profession, which may be useful, but is often dangerous." — "The enjoyment... | |
 | Maureen Moakley, Elmer E. Cornwell - Political Science - 2001 - 268 pages
...Administrator, 1997 It was the celebrated maxim of Montesquieu that . . . there can be no liberty . . . if the power of judging be not separated from the legislative and executive powers. Taylor v. Place, 1856 It's like Baghdad down there. An elected official describing traffic court, 1998... | |
 | Bernard H. Siegan - Law - 356 pages
...distinct from both the legislature and the executive. For I agree that 'there is no liberty if the power of judging be not separated from the legislative and executive powers. '"% Hamilton exhibited great perception in these observations. The history of the Supreme Court has... | |
 | Scott McDermott - Catholics - 2002 - 380 pages
...state sovereignty, arguing for a mixed government. He quotes Montesquieu: "There is no liberty if the power of judging be not separated from the legislative, and executive powers." The executive branch, headed by the Governor, may not encroach upon the prerogatives of the other branches.... | |
 | Paul O. Carrese - Law - 2010 - 350 pages
...this with his second quotation from Montesquieu in no. 78, agreeing that "there is no liberty, if the power of judging be not separated from the legislative and executive powers" (497, quoting Spirit, 11.6). These premises lead him to argue that Article III and the entire Constitution... | |
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There can be no liberty where 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... 
