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Our Judicial Oligarchy: (English)

Our Judicial Oligarchy: (English)

          
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About the Book

This historic book may have numerous typos and missing text. Purchasers can download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated.1912 Excerpt: ... cial reputations should be at the mercy of convicted criminals whose false affidavits the judges are not permitted to refute. A judge's reputation is his property, of which he should not be deprived without due process of law. The affidavit in question is false, insulting and malicious, and, as it is unauthorized by the law, it has no proper place among the files of this court." The foregoing statement of the learned Justice seems to be a correct, if somewhat intemperate, interpretation of the statute discussed. The purpose of the statute seems to be exactly what the judge declared it to be. In fairness to the Congress, however, it must be assumed that only grave abuses would have called forth such a statute. The recall with all of its requirements insuring delay, discussion, full public hearings, careful consideration, and finally the deliberate action of thousands of voters, is an extremely mild method of removing a judge, compared with the method provided by the Congress in the above quoted statute. It must be expected that the conflict with the courts will be a hard one, for the judiciary is undoubtedly looked upon as the last and final bulwark of Special Privilege. If the judges will retrace their steps and for the future exercise only constitutional powers, it is probable.that their jurisdiction will long be left unquestioned. If they will never declare a statute unconstitutional unless it is so plainly so that any person of intelligence, whether a lawyer or not, can see it, they will find that all the people are willing that the Constitution shall be placed above any statute. It should not take a lawyer to determine in a given case whether two plainly written provisions of law--one a constitution, the other a statute--conflict or not, and if the ques...


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Product Details
  • ISBN-13: 9781150690778
  • Publisher: General Books
  • Publisher Imprint: General Books
  • Height: 246 mm
  • No of Pages: 56
  • Series Title: English
  • Weight: 118 gr
  • ISBN-10: 1150690771
  • Publisher Date: 01 Feb 2012
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Spine Width: 3 mm
  • Width: 189 mm


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