[The Constitutional History of England From 1760 to 1860 by Charles Duke Yonge]@TWC D-Link book
The Constitutional History of England From 1760 to 1860

CHAPTER VII
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And in their measures of precaution they are farther bound to depart from or overstep the ordinary law as little as is compatible with the attainment of their object.

In all such cases each action of theirs must stand or fall by its own merits; by the greatness of the emergency which has caused it, and by its sufficiency for its end.

For as no law, except such as forbids moral crimes, is invariable, so even the dearest privileges of each subject, being his for the common good, are liable to temporary suspension for that common good.

But the burden of justification lies on those who propose that suspension.
Now, that this bill was such a suspension of the long-established rights of the subject, and so far an overstepping of the principles of the constitution, is admitted by the very fact of its framers only proposing for it a temporary authority.

Had it not invaded a valuable and real right, it might have been made of perpetual obligation.


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