Selected Cases On the Law of Officers Including Extraordinary Legal Remedies
Selected Cases On the Law of Officers Including Extraordinary Legal Remedies
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To quickly assess the difficulty of the text, read a short excerpt:
It is not enough that the owners may by chance have notice, or that they may as a matter of favor have a hearing. The law must require notice to them, and give them the right to a hearing and an opportunity to be heard. It matters not, upon the question of the constitutionality of such a law, that the assessment has, in fact, been fairly apportioned. The constitutional validity of law is to ■400 THE EXERCISE OP OFFICIAL AUTHORITY.
be tested, not by what has been done under it, but by what may, ...by its authority, be done. The legislature may prescribe the kind of notice and the mode in which it shall be given, but it cannot dis- pense with all notice.
The legislature can no more arbitrarily impose an assessment for which property may be taken and sold, than it can render a judgment against a person without a hearing. It is a rule founded on the first principles of natural justice older than written consti- tutions, that a citizen shall not be deprived of his life, liberty or property without an opportunity to be heard in defense of his rights, and the constitutional provision that no person shall be de- prived of these * ' without due process of law ' ' has its foundation in this rule.
What to read after Selected Cases On the Law of Officers Including Extraordinary Legal Remedies?
You can find similar books in the "Read Also" column, or choose other free books by Frank Johnson Goodnow to read onlineMoreLess
To quickly assess the difficulty of the text, read a short excerpt:
It is not enough that the owners may by chance have notice, or that they may as a matter of favor have a hearing. The law must require notice to them, and give them the right to a hearing and an opportunity to be heard. It matters not, upon the question of the constitutionality of such a law, that the assessment has, in fact, been fairly apportioned. The constitutional validity of law is to ■400 THE EXERCISE OP OFFICIAL AUTHORITY.
be tested, not by what has been done under it, but by what may, ...by its authority, be done. The legislature may prescribe the kind of notice and the mode in which it shall be given, but it cannot dis- pense with all notice.
The legislature can no more arbitrarily impose an assessment for which property may be taken and sold, than it can render a judgment against a person without a hearing. It is a rule founded on the first principles of natural justice older than written consti- tutions, that a citizen shall not be deprived of his life, liberty or property without an opportunity to be heard in defense of his rights, and the constitutional provision that no person shall be de- prived of these * ' without due process of law ' ' has its foundation in this rule.
What to read after Selected Cases On the Law of Officers Including Extraordinary Legal Remedies?
You can find similar books in the "Read Also" column, or choose other free books by Frank Johnson Goodnow to read onlineMoreLess
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