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" Fourthly, the legislative cannot transfer the power of making laws to any other hands; for it being but a delegated power from the people, they who have it cannot pass it over to others. "
Two Treatises of Government: By Iohn Locke - Page 320
by John Locke - 1764 - 416 pages
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Law's Violence

Austin Sarat, Thomas R. Kearns - Law - 2009 - 276 pages
...Treatise of Government, Locke insists on the nondelegability of legislative acts. "The legislative cannot transfer the power of making laws to any other...delegated power from the people, they who have it cannot pass it over to others" (sec. 141; see also sees. 212-19 on 'he dissolution of the government that...
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Referendums Around the World: The Growing Use of Direct Democracy

David Butler, Austin Ranney - Education - 1994 - 326 pages
...constitutionalism, whose origins lie in the political thought of John Locke. "The Legislative," Locke claimed, "cannot transfer the power of making laws to any other...delegated power from the People, they who have it cannot pass it to others."2s So it is that the introduction of the referendum into British politics has served...
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Role of Congress in Monitoring Administrative Rulemaking: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law - Political Science - 1996 - 102 pages
...authority among the founding generation was rivaled only by Montesquieu's, held that the legislature "cannot transfer the power of making laws to any other...delegated power from the people, they who have it cannot pass it over to others." A statute meeting the test of non delegation should clearly resolve most cases...
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Modern Political Thought: Readings from Machiavelli to Nietzsche

David Wootton - Political Science - 1996 - 964 pages
...in that, which another may by right take when he pleases, to himself? 141. Fourthly, The legislative hilosophy, and an author who pretends to account for...sentiments, cannot deceive us so grossly, nor depart so ver pass it over to others. The people alone can appoint the form of the commonwealth, which is by constituting...
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Role of Congress in Monitoring Administrative Rulemaking: Hearing Before the ...

United States. Congress. House. Committee on the Judiciary. Subcommittee on Commercial and Administrative Law - Political Science - 1996 - 110 pages
...generation was rivaled only by Montesquieu's, held that the legislature "cannot transfer the cower of making laws to any other hands, for it being but...delegated power from the people, they who have it cannot pass it over to others." A statute meeting the test of non delegation should clearly resolve most cases...
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The Presidential Republic: Executive Representation and Deliberative Democracy

Gary L. Gregg - Biography & Autobiography - 1997 - 266 pages
...delegari. "The legislative cannot transfer the power of making laws to any other hands," he wrote in 1690, "for it being but a delegated power from the people, they who have it cannot pass it over to others."11 Besides the near abdication to the presidency that Congress has made over...
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Current Legal Issues Affecting Central Banks, Volume IV.: Volume IV.

Mr.Robert C. Effros - Business & Economics - 1997 - 1042 pages
...transferred by that agent if it would contradict the purposes of the initial transfer: The Legislative cannot transfer the Power of Making Laws to any other...delegated Power from the People, they, who have it, cannot pass it over to others. . . . And when the people have said, We will submit to rules, and be govern'd...
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Verwaltungsvertrag und Gesetz: eine vergleichende Untersuchung zum ...

Elke Gurlit - Law - 2000 - 732 pages
...Congress..,". 118 Locke, The Second Treatise on Civil Government, Kapitel 1 1 Nr. 141; „The Legislative cannot transfer the power of making laws to any other hands, for it being bui a delegated power from the people. they who have it cannot pass it over to others". "g Eastlake...
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Interorganrespekt im Verfassungsrecht: Funktionenzuordnung ...

Ralph Alexander Lorz - Constitutional law - 2001 - 770 pages
...The Second Treatise of Civil Government (1690), ed. by JW Gough, 1948, 71 (§ 141 ): The legislative .,cannot transfer the power of making laws to any...delegated power from the people, they who have it cannot pass it over to others". Selbst er muß jedoch zugestehen, daß der Gesetzgeber nicht für alles Vorsorge...
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Does Congress Delegate Too Much Power to Agencies and what Should be Done ...

United States. Congress. House. Committee on Government Reform. Subcommittee on National Economic Growth, Natural Resources, and Regulatory Affairs - Administrative agencies - 2001 - 456 pages
...wrote in 1690 that the doctrine was a fundamental feature of any legitimate state: The Legislative cannot transfer the Power of Making Laws to any other...Power from , the People, they, who have it, cannot pass it over to others. John Locke, An Essay Concerning the True Original. Extent, and End of Civil...
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