From David M. Lesser, ABAA, Woodbridge, CT, U.S.A.
Seller rating 5 out of 5 stars
AbeBooks Seller since 20 October 1997
About this Item
35, [1 blank] pp. Disbound, a corner tear and short closed tear of title page [no text affected or lost], light toning and light scattered foxing. Good+ to Very Good. An important pamphlet on the bedrock constitutional doctrine of separation of governmental powers. Here, Justices of the New Hampshire Superior Court strike down the Legislature's attempt to "grant new trials in any case." In a pending case, Merrill v. Sherburne, the New Hampshire legislature had granted Dorothy Merrill's petition for a new trial after the Superior Court had refused to do so. The Court, administering a well-deserved slap in the face to the Legislature, explains that an Act of a "legislature awarding a new trial in an action, which has been decided in a court of law, is an exercise of judicial power." A legislature may exercise only legislative power; any attempt to exercise judicial power is unconstitutional. Action by one branch of government breaches the separation of powers doctrine if that action would "defeat or materially impair the inherent functions of another branch." The Court discourses on the Separation of Powers, the history of the doctrine, and its necessity in a government of law. FIRST EDITION. AI 48849 [3]. Cohen 1128. Not in Sabin, Marke, Harv. Law Cat., Marvin, Eberstadt, Decker. Seller Inventory # 18285
Bibliographic Details
Title: COMMUNICATION FROM HIS EXCELLENCY THE ...
Publisher: [Concord?
Publication Date: 1819
Edition: 1st Edition
Store Description
All items are subject to prior sale, and guaranteed as described. Wrappers described when present; 'dbd' means disbound. Items reserved for 7 days after order, pending receipt of payment. Any item returnable within 10 days after receipt, in same condition as sent, for any reason; except that the Consumer Rights Directive of the European Commission shall apply to any transaction subject to that Directive. Prior notification required. My liability limited to purchase price paid. Institutions bille...
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