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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... "
War Powers Under the Constitution of the United States: Military Arrests ... - Page 569
by William Whiting - 1871 - 695 pages
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Judicial and Administrative Supervision and Control of Railway Affairs

Joseph Nimmo - Railroad law - 1908 - 56 pages
...to the world the pivotal doctrine of constitutional government that "there can be no liberty if the power of judging be not separated from the legislative and executive powers." Montesquieu illustrated this declaration by the fact that certain monarchies of Europe which respected...
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Report of Proceedings of the ... Annual Session of the Georgia ..., Volume 26

Georgia Bar Association - Bar associations - 1909
...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." Mr. Brice, in his work on "The American Commonwealth," notes one profound difference between the British...
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The American Citizen in Pennsylvania: The Government of the State and of the ...

Albert Elias Maltby - Pennsylvania - 1910 - 448 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...
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The Bar: West Virginia, Volume 17

Law - 1910
...this subject, among other things, wrote: "I agree [with Montesquieu] that there is no liberty if the power of judging be not separated from the legislative and executive powers, [p. 484.] To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound...
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"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom ...

Theodore Schroeder - Freedom of the press - 1911 - 439 pages
...this subject, among other things wrote: "I agree [with Montesquieu] that there is no liberty if the power of judging be not separated from the legislative and executive powers, [p. 484.] To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound...
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"Obscene" Literature and Constitutional Law: A Forensic Defense of Freedom ...

Theodore Schroeder - Anarchism - 1911 - 439 pages
...this subject, among other things wrote: "I agree [with Montesquieu] that there is no liberty if the power of judging be not separated from the legislative and executive powers, [p. 484.] To avoid an arbitrary discretion in the courts, it is indispensable that they should be bound...
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Readings in American Constitutional History, 1776-1876, Part 1

Allen Johnson - Constitutional history - 1912 - 584 pages
...legislative and executive pnwrc ?re united- in-the same personfJQr 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...
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Illustrative Cases on Constitutional Law

James Parker Hall - Constitutional law - 1914 - 508 pages
...main preservative of the public liberty" (Bl. Com. 269) ; that, indeed, "there is no liberty, if the power of judging be not separated from the legislative and executive powers" (Montesquieu, B. 11, Ch. 6). In other words that "the union of these two powers is tyranny" (7 Johns....
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Selections from the Federalist

William Bennett Munro - Constitutional history - 1914 - 202 pages
...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...
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Addresses on Government and Citizenship

Elihu Root - Citizenship - 1916 - 552 pages
...in The Federalist. "For I agree," he says, quoting Montesquieu, "that ' there is no liberty, if the power of judging be not separated from the legislative and executive powers.' l . . . The complete independence of the courts of justice is peculiarly essential in a limited Constitution....
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