Excerpt from Some Aspects of Judicial Control Over Special Legislation
The broad underlylng prlnclple followed by the courts in construlng the state constitutionsis that such 1nstruments are llmltatlons upon legislatlve power. In other words the people speaking through the organlc law have granted to leg islative bodles the power to enact laws in all cases which have not otherwise been spe01flcally provided for by the lan guage of the constltutlon. In general the legislature has power to pass laws on all polltlcal and governmental matters except those over whleh the executlve and judlclal departments have been granted control by constitutional authority, and except ln those cases where leglslatlon has been expressly forwbidden or where leglslatlon would Vlolate some rlght, Wth by custom.and 1mmemor1al usage has remalned 1nherent in the people.
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PAP. Condizione: New. New Book. Shipped from UK. Established seller since 2000. Codice articolo LX-9781528062879
Quantità: 15 disponibili
Da: PBShop.store UK, Fairford, GLOS, Regno Unito
PAP. Condizione: New. New Book. Shipped from UK. Established seller since 2000. Codice articolo LX-9781528062879
Quantità: 15 disponibili
Da: Forgotten Books, London, Regno Unito
Paperback. Condizione: New. Print on Demand. This book provides an in-depth exploration of the evolution of constitutional provisions aiming to limit local and special legislation. Many states adopted such provisions to address rampant abuse and corruption whereby special interests pressured legislatures to pass laws granting exclusive privileges to corporations or individuals. The author analyzes the various iterations of these provisions, exploring how they have been interpreted by the courts, and the impact they have had on shaping the development of American law. The book offers a comprehensive analysis of the interplay between the judiciary and legislatures in safeguarding public interest against narrow special interests. It delves into the complexities of determining whether a general law could have been made applicable, highlighting the tension between legislative discretion and judicial oversight. By examining historical cases and legal arguments, the book sheds light on the ongoing debate over the scope and limits of legislative power in a democratic society. This book is a reproduction of an important historical work, digitally reconstructed using state-of-the-art technology to preserve the original format. In rare cases, an imperfection in the original, such as a blemish or missing page, may be replicated in the book. print-on-demand item. Codice articolo 9781528062879_0
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