Departmental Papers (ASC)

Document Type

Journal Article

Date of this Version

2008

Publication Source

Daedalus

Volume

137

Issue

4

Start Page

11

Last Page

15

DOI

10.1162/daed.2008.137.4.11

Abstract

The complete independence of the courts of justice is peculiarly essential in a limited Constitution. By a limited Constitution, I understand one which contains certain specified exceptions to the legislative authority; such, for instance, as that it shall pass no bills of attainder, no ex post facto laws, and the like. Limitations of this kind can be preserved in practice no other way than through the medium of courts of justice, whose duty it must be to declare all acts contrary to the manifest tenor of the Constitution void. Without this, all the reservations.

Copyright/Permission Statement

Copyright © 2008 by the MIT Press, Daedalus

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Date Posted: 15 June 2011

This document has been peer reviewed.