| United States. Congress. Senate. Committee on the Judiciary - 1958 - 502 strani
...were to be ordered and governed according to the laws to which they were subject, though it were a time of war. "Thirdly, that the exercise of martial...receive justice according to the laws of the land." Hale, History and Analysis of the Common Law of England (1st ed. 1713), 40-41. 99860 O — 58 8 antagonism... | |
| E. Lauterpacht - 1963 - 722 strani
...discipline in an army is the only thing which can give it countenance; and therefore it ought not to be permitted in time of peace, when the king's courts...receive justice according to the laws of the land.' i Blackstone's Commentaries 413. And see Hale, History and Analysis of the Common Law of England (ist... | |
| Sir Matthew Hale - 1971 - 213 strani
...were to be order'd and govern'd according to the Laws to which they were subject, though it were a Time of War. Thirdly, That the Exercise of Martial...Substance declared by the Petition of Right, 3 Car. i . whereby such Commissions and Martial Law were repealed, and declared to be contrary to Law: And... | |
| David P. Currie - 1992 - 518 strani
...in an army is the only thing which can give [martial law] countenance; and therefore it ought not to be permitted in time of peace, when the king's courts...receive justice according to the laws of the land. Not altogether easy to distinguish, of course, is the later Ex parte Quirin, 317 USI (1942). See supra... | |
| Stephen Holmes - 1993 - 358 strani
...Another is an easily accessible legal system. For example, Blackstone boasts, in a liberal spirit, that "the king's courts are open for all persons to receive justice according to the laws of the land." 18 Equal access to the law, provided by the state, may be the British tradition. It has been preserved,... | |
| Kermit L. Hall - 2000 - 390 strani
...in an army is the only thing which can give [martial law] countenance; and therefore it ought not to be permitted in time of peace, when the king's courts...receive justice according to the laws of the land." Not altogether easy to distinguish, of course, is the later Ex portc Quirin, 317 US 1 (1942). Sue supra... | |
| Andrew Carnegie - 2004 - 449 strani
...can give it countenance; and therefore it ought not to be permitted in time of peace, when the higher courts are open for all persons to receive justice according to the law of the land." Sir Mathew .Hale and Sir William Blackstone, men profoundly versed in the civil law... | |
| 362 strani
...upon no settled principles ... is ... in truth and reality no law . . . and therefore it ought not to be permitted in time of peace, when the King's courts...persons to receive justice according to the laws of the land'.3 Small wonder if discipline declined in an army whose martial law was so vigorously, if absurdly,... | |
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