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 pages
 

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Page 261 - 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.
Page 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.
Page 377 - 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.
Page 395 - 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.
Page 238 - ... the matters to be established for the estate of the king and of his heirs, and for the estate of the realm and of the people, should be treated, accorded, and established in parliament, by the king, and by the assent of the prelates, earls, and barons, and the commonalty of the realm, according as had been before accustomed.
Page 251 - 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.
Page 256 - All human Laws are, properly speaking, only declaratory; they may alter the mode and application, but have no power over the substance of original justice.
Page 252 - 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.
Page 252 - 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.
Page 359 - Courts have their unwritten law, the approved principles of natural reason and justice — they have likewise the written or statute law in acts of parliament, which are directory applications of the same principles to particular subjects, or positive regulations consistent with them, upon matters which would remain...

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