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" Were it joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control ; for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence and oppression. "
Readings in Modern European History: A Collection of Extracts from the ... - Página 185
por James Harvey Robinson, Charles Austin Beard - 1908
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The National Government of the United States

Everett Kimball - 1920 - 656 páginas
...executive. Were it joined with th1 legislative, the life and liberty of the subject would be exposec to arbitrary control, for the judge would be then...it joined to the executive power, the judge might behav1 with violence and'oppress1on." 1 This opinion of the philosophe: was also held by the great...
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The United States of America: A Study in International Organization

James Brown Scott - 1920 - 638 páginas
...is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the legislative, the life and liberty of the subject would l>e exposed to arbitrary controul; for the judge would then be the legislator. Were it joined to the...
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The United States of America: A Study in International Organization

James Brown Scott - 1920 - 640 páginas
...liberty; because apprehensions may arise, lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again there is no liberty, if the power of judging be not separated from the legislative and executive powers. Were it joined with the...
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Principles of Political Science

Robert Niven Gilchrist - 1921 - 870 páginas
...because apprehensions uiay arise. lest the same monarch or senate should enact tyrannical laws, to execute them in a tyrannical manner. Again there is...exposed to arbitrary control, for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence...
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Constitutions in Crisis: Political Violence and the Rule of Law

John E. Finn - 1990 - 285 páginas
...institutions sharing power, Madison observed, quoting from Montesquieu, "Were the power of judging joined with the legislative, the life and liberty of the subject would be exposed to arbitrary control."81 The separation of power is a concession to the organization of a government whose power...
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Handbook of Court Administration and Management

Hays - 1992 - 552 páginas
...Cicero explicitly in Book XI, which includes one of the most significantly cited parts of Montesquieu Again, there is no liberty, if the judiciary power...exposed to arbitrary control; for the judge would then be the legislator. Were it joined to the executive power, the judge might behave with violence...
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The Myth of the Modern Presidency

David K. Nichols - 2010 - 192 páginas
...reacts even more strongly than Locke to the fear of absolute sovereignty. Montesquieu also claims that "there is no liberty if the judiciary power be not separated from the legislature and the executive."21 The judicial power is the power most to be feared by the citizens,...
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The Federalist: Design for a Constitutional Republic

George Wescott Carey - 1994 - 220 páginas
...should enact tyrannical laws to execute them in a tyrannical manner.' " If the judicial power is " 'joined with the legislative, the life and liberty...exposed to arbitrary control, for the judge would then be the legislator.' " Finally, if the judicial and executive powers are combined, " 'the judge...
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Handled with Discretion: Ethical Issues in Police Decision Making

John Kleinig - 1996 - 246 páginas
...executive powers are united in the same person . . . , there can be no liberty. . . . Again there can be no liberty, if the judiciary power be not separated...the legislative and executive. . . . Were it joined to the executive power, the judge might behave with violence and oppression.15 Police discretion is...
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Critical Moral Liberalism: Theory and Practice

Jeffrey H. Reiman - 1997 - 308 páginas
...executive powers are united in the same person . . . , there can be no liberty. . . . Again there can be no liberty, if the judiciary power be not separated...the legislative and executive. . . . Were it joined to the executive power, the judge might behave with violence and oppression.15 Police discretion is,...
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