Abstract

Constructive Factors in Legislation

May 18, 1918 issue

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The article presents information on the book "Standards of American Legislation: An Estimate of Restrictive and Constructive Factors," by Ernst Freund. This book examines the operation of the legal system and is also an attempt to formulate a body of "positive principles that should guide and control the making of statutes and give a more definite meaning and content to the concept of due process of law." The author starts with the inquiry "whether the extent of legislative power over personal and property rights not covered by specific constitutional guarantees is a legal or a political issue." He concedes that the prevailing doctrine treats it as a legal one, and thus assigns its determination to judicial authority.

See Also:

STANDARDS of American Legislation (Book); FREUND, Ernst; JUSTICE, Administration of; LAW; LEGISLATIVE power; RIGHT of property; BOOKS & reading
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