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The High Court of Parliament and Its Supremacy: An Historical Essay on the ...
Charles Howard McIlwain
Vista de fragmentos - 1934
act of Parliament action activity altered ancient answer appears authority become beginning bill body called cause century changes character Charter cited clear Coke common law concerning considered constitution Council course courts custom distinction doctrine doubt early Edward England English example exercised existence expressed fact feudal functions fundamental give given hath Henry High Hist History House idea important institutions interesting interpretation judgement judges judicial jurisdiction Justice King King's land later lawyers legislative legislature looked Lords Magna Maitland matters meaning ment nature never opinion original Parl Parlia Parliament parliamentary period persons petitions political practice precedent present principle privilege probably Professor question realm reason references result Rolls rule says seems separate sovereign sovereignty speaking statement statute theory things tion true Tudor whole writ
Página xvii - Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight) the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise People to discourage and restrain it.
Página 100 - Crown, shall be void and of no avail or force whatever ; but the matters which are to be established for the estate of our lord the King and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded, and established in Parliaments, by our lord the King, and by the assent of the prelates, earls, and barons, and the commonalty of the realm ; according as it hath been heretofore accustomed.
Página 271 - 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.
Página 305 - ... there can be no liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner.
Página 347 - Whereas the people of New South Wales, Victoria, South Australia, Queensland, and Tasmania, humbly relying on the blessing of Almighty God, have agreed to unite in one indissoluble Federal Commonwealth under the Crown of the United Kingdom of Great Britain and Ireland, and under the Constitution hereby established...
Página 215 - Parliamenti, that all weighty matters in any Parliament moved, concerning the peers of the realm, or Commons in Parliament assembled, ought to be determined, adjudged, and discussed, by the course of the Parliament, and not by the Civil Law, nor yet by the common laws of this realm used in more inferior courts.
Página 127 - Some judges have been of opinion that the journals of the House of Commons are no records, but only remembrances. But this is not law. Hob. 110, 111. Lex. Parl. 114, 115. Jour. HC Mar. 17, 1592. Hale. Parl. 105. For the Lords in their House have power of judicature, the Commons in their House have power of judicature...
Página 318 - And further, we be informed by our judges that we at no time stand so highly in our estate royal as in the time of parliament, wherein we as head and you as members are conjoined and knit together into one body politic...