A Treatise on the Limitations of Police Power in the United States: Considered from Both a Civil and Criminal StandpointF.H. Thomas Law Book Company, 1886 - 662 sivua |
Kirjan sisältä
Tulokset 1 - 5 kokonaismäärästä 73
Sivu 3
... legislature the maxim of law ' salus populi suprema lex , ' should not be disregarded . It is the great principle on which the statutes for the security of the people are based . It is the foundation of criminal law , in all governments ...
... legislature the maxim of law ' salus populi suprema lex , ' should not be disregarded . It is the great principle on which the statutes for the security of the people are based . It is the foundation of criminal law , in all governments ...
Sivu 5
... legislature contravenes a constitutional pro- vision , it is void , and it is the duty of the courts so to de- clare it , and refuse to enforce it . But is it in the power of the judiciary to declare an act of the legislature void ...
... legislature contravenes a constitutional pro- vision , it is void , and it is the duty of the courts so to de- clare it , and refuse to enforce it . But is it in the power of the judiciary to declare an act of the legislature void ...
Sivu 6
... legislature cannot do , without exceeding their authority . There are certain vital principles in our free republican governments , which will determine and overrule an apparent and flagrant abuse of legislative power ; as to authorize ...
... legislature cannot do , without exceeding their authority . There are certain vital principles in our free republican governments , which will determine and overrule an apparent and flagrant abuse of legislative power ; as to authorize ...
Sivu 12
... legislature , as the doc- trine that a law is invalid which violates abstract principles of justice . If it be recognized as an established rule of constitutional law , it must certainly be confined in its appli- cation to clear cases ...
... legislature , as the doc- trine that a law is invalid which violates abstract principles of justice . If it be recognized as an established rule of constitutional law , it must certainly be confined in its appli- cation to clear cases ...
Sivu 70
... legislature may be subjected to forfeiture , and the forfeiture of liberty is the most common . 1 § 31a . Due process of law . But the forfeiture of rights is limited and controlled by constitutional restrictions , and it may be stated ...
... legislature may be subjected to forfeiture , and the forfeiture of liberty is the most common . 1 § 31a . Due process of law . But the forfeiture of rights is limited and controlled by constitutional restrictions , and it may be stated ...
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Muita painoksia - Näytä kaikki
A Treatise on the Limitations of Police Power in the United States Christopher Gustavus Tiedeman Esikatselu ei käytettävissä - 2015 |
A Treatise on the Limitations of Police Power in the United States ... Christopher Gustavus Tiedeman Esikatselu ei käytettävissä - 2001 |
Yleiset termit ja lausekkeet
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Suositut otteet
Sivu 71 - By the law of the land is most clearly intended the general law; a law which hears before it condemns; which proceeds upon inquiry, and renders judgment only after trial.
Sivu 71 - ... deprived of his life, liberty, or property, unless by the judgment of his peers, or the law of the land.
Sivu 229 - Property does become clothed with a public interest when used in a manner to make it of public consequence, and affect the community at large. When, therefore, one devotes his property to a use in which the public has an interest, he, in effect, grants to the public an interest in that use, and must submit to be controlled by the public for the common good, to the extent of the interest he has thus created.
Sivu 231 - That all persons within the jurisdiction of the United States shall be entitled to the full and equal enjoyment of the accommodations, advantages, facilities, and privileges of inns, public conveyances on land or water, theaters, and other places of public amusement; subject only to the conditions and limitations established by law, and applicable alike to citizens of every race and color, regardless of any previous condition of servitude.
Sivu 471 - It is admitted that the power of taxing the people and their property is essential to the very existence of government, and may be legitimately exercised on the objects to which it is applicable, to the utmost extent to which the government may choose to carry it. The only security against the abuse of this power is found in the structure of the government itself. In imposing a tax the legislature acts upon its constituents. This is in general a sufficient security against erroneous and oppressive...
Sivu 626 - That all pilots in the bays, inlets, rivers, harbors, and ports of the United States shall continue to be regulated in conformity with the existing laws of the States, respectively, wherein such pilots may be, or with such laws as the States may respectively hereafter enact for the purpose, until further legislative provision shall be made by congress.
Sivu 11 - All men are born free and equal, and have certain natural, essential, and unalienable rights; among which may be reckoned the right of enjoying and defending their lives and liberties; that of acquiring, possessing, and protecting property; in fine, that of seeking and obtaining their safety and happiness.
Sivu 141 - Whereas the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty, and the pursuit of happiness...
Sivu 235 - When, therefore, one devotes his property to a use in which the public has an interest, he in effect grants to the public an interest in that use, and must submit to be controlled by the public for the common good to the extent of the interest he has thus created. He may withdraw his grant by discontinuing the use, but so long as he maintains the use, he must submit to the control.
Sivu 2 - It extends to the protection of the lives, limbs, health, comfort and quiet of all persons, and the protection of all property within the state; and persons and property are subjected to all kinds of restraints and burdens in order to secure the general comfort, health and prosperity of the state. Of the perfect right of the legislature to do this no question ever was, or upon acknowledged general principles, ever can be made, so far as natural persons are concerned.