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" And it appears in our books, that in many cases, the common law will control acts of parliament, and sometimes adjudge them to be utterly void; for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed,... "
The Works of Francis Bacon, Lord Chancellor of England: A New Edition: - Page 349
by Francis Bacon, Basil Montagu - 1827
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Absolute Monarchy and the Stuart Constitution

Glenn Burgess - History - 1996 - 252 pages
...Parliament, and sometimes adjudge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will controul it, and adjudge such Act to be void. . . ,48 Another report of this case indicates that...
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Main Themes in the Debate Over Property Rights, Volume 6

James W. Ely - Right of property - 1997 - 464 pages
...Parliament, and sometimes adjudge them to be utterly void; for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will controul it, and adjudge such an Act to be void.24 This dictum was used in America to support...
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The Constitutional Divide: The Private and Public Sectors in American Law

William P. Kreml - Civil law - 1997 - 252 pages
...strike down an act of Parliament. As Coke himself put it, "when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it and adjudge such Act to be void."4 By 1616 both Coke and the reason of the common law...
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The Rule of Law, Justice, and Interpretation

Luc B. Tremblay - Constitutional law - 1997 - 372 pages
...Parliament and sometimes adjuge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the Common Law will control it and adjuge such act to be void"; Day v. Savage, (1614) Hobart 85, 80 ER 235, 87 (CP):...
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The Life of the Law: The People and Cases that Have Shaped Our Society, from ...

Alfred H. Knight - Law - 1998 - 294 pages
...sometimes adjudge it to be utterly void." When, my Lord? "[W]hen an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed the Common Law will controul it and adjudge such Act to be void." Being most of the above things, according to Coke,...
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The Burger Court: Counter-Revolution or Confirmation?

the late Bernard Schwartz - Law - 1998 - 329 pages
...the Court of Common Pleas, asserting in his opinion that "when an act of parliament is against common right and reason or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void."3 The Bonham Case was invoked in America in 1761...
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John Marshall: Definer of a Nation

Jean Edward Smith - Biography & Autobiography - 1998 - 788 pages
...Coke, then judge of the Court of Common Pleas, stated that "when an act of parliament is against common right and reason or repugnant, or impossible to be performed, the common law will control it, and adjudge such act to be void." 1 Coke's Reports 1 16, 1 18a (1610). Coke believed...
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Literary Criticisms of Law

Guyora Binder, Robert Weisberg - Literary Criticism - 2000 - 557 pages
...parliament, and sometimes adjudge them to be utterly void: for when an act of parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will controul it. and adjudge such act to be void." Dr. Bonhum's Case, 78 Kng. Rep. 646. 652 (KB 1610)....
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Judicial Review and the Constitution

Christopher Forsyth, C. F. Forsyth - Law - 2000 - 480 pages
...Parliament, and sometimes adjudge them to be utterly void: for when an Act of Parliament is against common right and reason, or repugnant, or impossible to be performed, the common law will control it, and adjudge such an Act to be void". Cf J. Goldswothy, The Sovereignty of Parliament...
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Sexuality and Form: Caravaggio, Marlowe, and Bacon

Graham Hammill - Art - 2000 - 248 pages
...and sometimes shall adjudge them to be void: for when an Act of Parliament is against Common Rights and reason, or repugnant, or impossible to be performed, the Common Law shall controll it, and adjudge such an Act to be void."42 Nevertheless, once law reports posit judges' interpretive...
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