With regard to the construction of statutes according to the intention of the legislature, we must remember that there is an essential difference between the expounding of modern and ancient Acts of Parliament. In early times the legislature used (and I believe it was a wise course to take) to pass laws in general and in few terms; they were left to the Courts of law to be construed so as to reach all the cases within the mischief to be remedied. But in modern times great care has been taken to mention the particular cases in the contemplation of the legislature, and therefore the Courts are not permitted to take the same liberty in construing them as they did in expounding the ancient statutes.
Lloyd Kenyon, 1st Baron KenyonRelated topics
ancient believe care construction construing contemplation course difference early essential expounding few general great intention law left legislature liberty mention mischief modern parliament particular pass permit reach regard take times wise acts lawsRelated quotes
...what the freedom is that I love, and that to which I think all men intitled. It is not solitary, unconnected, individual, selfish Liberty. As if every Man was to regulate the whole of his Conduct by his own will. The Liberty I mean is social freedom. It is that state of things in which Liberty is secured by the equality of Restraint; A Constitution of things in which the liberty of no one Man, and no body of Men and no Number of men, can find Means to trespass on the liberty of any Person, or any description of Persons in the Society. This kind of liberty is indeed but another name for Justice, as ascertained by wise Laws, and secured by well-constructed institutions.
Edmund Burke
Mr. MADISON said that he had brought with him into the Convention a strong bias in favor of an enumeration and definition of the powers necessary to be exercised by the national Legislature; but had also brought doubts concerning its practicability. His wishes remained unaltered; but his doubts had become stronger. What his opinion might ultimately be he could not yet tell. But he should shrink from nothing which should be found essential to such a form of Govt. as would provide for the safety, liberty and happiness of the community. This being the end of all our deliberations, all the necessary means for attaining it must, however reluctantly, be submitted to.
James Madison
It has often been matter of regret in modern times that, in the construction of the Statute of Limitations, the decisions had not proceeded upon principles better adapted to carry into effect the real objects of the Statute; that instead of being viewed in an unfavourable light as an unjust and discreditable defence, it had not received such support as would have made it what it was intended to be, emphatically a Statute of repose. It is a wise and beneficial law, not designed merely to raise a presumption of payment of a just debt from lapse of time, but to afford security against stale demands after the true state of the transaction may be forgotten, or be incapable of explanation by reason of the death or removal of witnesses.
Joseph Story
...for us alone are still opportunities denied to other nations. It is open to us to settle and work in any climate we may choose and in almost any part of the world, and find ourselves amongst people who speak our tongue, who obey our laws, who cherish the same ideals, and worship according to the rites familiar to us, who are subjects of the same Sovereign; and to this we-Tory, Liberal and Labour alike-to make our unity such a reality that men and women regard the Empire as one, and that it may become possible for them to move within its bounds to New Zealand, to Australia, to South Africa, to Canada, as easily and as freely as from Glasgow to London or Bristol to Newcastle.
Stanley Baldwin
To make a law final, so as not to be reached by Congress, is, by mere legislation, to fasten a new provision on the Constitution. Nay, more; it gives to the law a character which the very Constitution docs not possess. The wise fathers did not treat the country as a Chinese foot, never to grow after infancy; but, anticipating Progress, they declared expressly that their great Act is not final. According to the Constitution itself, there is not one of its existing provisions - not even that with regard to fugitives from labor - which may not at all times be reached by amendment, and thus be drawn into debate. This is rational and just. Sir, nothing from man's hands, nor law, nor constitution, can be final. Truth alone is final.
Charles Sumner
