In questions of power, let no more be heard of confidence in man, but bind him down from mischief by the chains of the constitution.
Thomas JeffersonTags: justice democracy law american-revolution governance constitutional-law us-constitution
In the criminal law [...] imprisonment should be resorted to only after the most anxious consideration.
Pius LangaTags: law human-rights south-africa imprisonment criminal-law constitutional-law south-african-criminal-law south-african-law
If the good is not dependent on the bad and can be separated from it, one gives effect to the good that remains after the separation if it still gives effect to the main objective.
Johann KrieglerTags: law south-africa constitutional-law south-african-law severability
The difference between the past and the present is that individual freedom and security no longer fall to be protected solely through the D vehicle of common-law maxims and presumptions which may be altered or repealed by statute, but are now protected by entrenched constitutional provisions which neither the Legislature nor the Executive may abridge. It would accordingly be improper for us to hold constitutional a system which, as Sachs J has noted, confers on creditors the power to consign the person of an impecunious debtor to prison at will and without the interposition at the crucial time of a judicial officer.
Pius LangaTags: freedom history security law debt human-rights south-africa common-law credit imprisonment constitutional-law south-african-law albie-sachs constitution-of-south-africa
The bad parts of the statute are not judicially severable, I consider, from the rest of its provisions that deal with imprisonment. Their roots are entangled too tenaciously in the surrounding soil for a clean extraction to be feasible. The conclusion to which I accordingly come is that we are left with no option but to declare those provisions as a whole to be constitutionally invalid on account of their objectionable overbreadth.
John DidcottTags: law metaphor south-africa imprisonment constitutional-law south-african-law severability
Severability is an important concept in the context of the relations between this Court and Parliament; like 'reading down', it is an instrument of judicial restraint which reduces the danger of producing an overbroad judicial reaction to overbroad legislation.
Albie SachsTags: law south-africa constitutional-law south-african-law severability reading-down
The particular aspect of history which both attracts and benefits its readers is the examination of causes and the capacity, which is the reward of this study, to decide in each case the best policy to follow. Now in all political situations we must understand that the principle factor which makes for success or failure is the form of a state's constitution: it is from this source, as if from a fountainhead, that all designs and plans of action not only originate but reach their fulfillment.
PolybiusTags: history political-science constitutional-law
We have a government of limited power under the Constitution, and we have got to work out our problems on the basis of law.
William Howard TaftTags: government constitutional-law limited-powers
It is a fundamental principle of American democracy that laws should not be public only when it is convenient for government officials to make them public. They should be public all the time, open to review by adversarial courts, and subject to change by an accountable legislature guided by an informed public. If Americans are not able to learn how their government is interpreting and executing the law then we have effectively eliminated the most important bulwark of our democracy. That’s why, even at the height of the Cold War, when the argument for absolute secrecy was at its zenith, Congress chose to make US surveillance laws public. Without public laws, and public court rulings interpreting those laws, it is impossible to have informed public debate. And when the American people are in the dark, they can’t make fully informed decisions about who should represent them, or protest policies that they disagree with. These are fundamentals. It’s Civics 101. And secret law violates those basic principles. It has no place in America.
Ron WydenTags: secrets law surveillance constitutional-law national-security
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