The Separation of Governmental Powers in History, in Theory, and in the Constitutions

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The Lawbook Exchange, Ltd., 1998 - 185 страници
Bondy, William. Separation of Governmental Powers in History, in Theory, and in the Constitutions. New York: Columbia College, 1896. Reprinted 1999 by The Lawbook Exchange, Ltd. vi,[7]-185, [1] pp. LCCN 98-44994. ISBN 1-886363-65-X. Cloth. $65. * Examines theories relating to the powers of the court and the legislature and the separation and balance of the two. Originally published as v.5, no. 2 in Columbia's series, Studies in history, economics and public law.
 

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PART I
7
THE THEORY OF THE SEPARATION OF GOVERNMENTAL POWERS
12
THE DISTRIBUTING CLAUSES IN THE CONSTITUTION OF THE UNITED STATES AND IN THE COMMONWEALTH CONSTITUTIONS
17
THE BALANCE OF POWERS IN THEORY
35
THE BALANCE OF POWERS IN THE CONSTITUTIONS
39
THE SEPARATION AND BALANCE OF POWERS IN THE TERRITORIES OF THE UNITED STATES
47
THE POWER OF THE COURTS TO DECLARE STATUTES UNCONSTITUTIONAL
52
PART II
69
LEGISLATIVE INQUESTS AND THE POWER TO PUNISH FOR CONTEMPT
114
JUDICIAL REPUDIATION OF LEGISLATIVE POWERS
125
JUDICIAL LEGISLATION
128
PART IV
132
THE POWER OF APPOINTMENT AND REMOVAL
137
IMPLIED AND INCIDENTAL POWERS OF THE EXECUTIVE DEPARTMENT
144
PART V
151
THE POWER OF REMOVAL FOR CAUSE
160

PART III
86
LEGISLATIVE ASSUMPTION OF JUDICIAL POWERS
94
SPECIAL LAWS AUTHORIZING THE SALE OF LANDS
103
LEGISLATIVE DIVORCES
109
PART VI
162
ADMINISTRATIVE OFFICES AND OFFICERS
178
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Страница 17 - All the powers of government, legislative, executive, and judiciary, result to the legislative body. The concentrating these in the same hands is precisely the definition of despotic government. It will be no alleviation that these powers will be exercised by a plurality of hands, and not by a single one. One hundred and seventy-three despots would surely be as oppressive as one.

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