The American Judiciary by LLD Simeon E. Baldwin
page 97 of 388 (25%)
page 97 of 388 (25%)
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Waterbury, 82 Conn., 567, 571; 74 Atlantic Reporter, 908.]
* * * * * CHAPTER VI THE JUDICIAL POWER OF INTERPRETING AND DEVELOPING WRITTEN LAW As governments must provide some authority to declare what the unwritten law governing any transaction was, so they must provide some authority to declare what the written law governing any transaction means. Few statements of any rule or principle can be written out in such a way as to convey exactly the same impression to every mind. Thought is subtler than its expression. The meaning of written laws will therefore often be questioned. An answer is sometimes attempted by the authority from which the law proceeded. A king declares what he intended by the terms of an ambiguous edict. A legislature passes an act to declare the meaning of a previous one. But meanwhile rights have accrued. Something has been done in reliance upon a certain construction of the law. If it was a right construction, then what was done was lawful, and no subsequent explanation of his intentions by the lawgiver can change this fact. Laws are addressed to the |
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