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The Principle of Separation of Powers in Its Application to the Administrative Exercise of the Police Power

The Principle of Separation of Powers in Its Application to the Administrative Exercise of the Police Power


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About the Book

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1913 edition. Excerpt: ...is sought to be conducted, the method employed will usually be that of inspection. Where the possession of personal qualifications is in issue, the determination may be reached by examining the candidate to discover his attainments, or by ascertaining whether he has fulfilled the requirements of study or received a previous certificate prescribed by statute or regulations. In Reetz . Michigan65 it was objected that the power to determine whether one had been legally registered under a prior statute involved the decision of a legal question. But the Supreme Court answered that no provision in the federal Constitution forbids a state from granting to a tribunal, whether called a court or a board or registration, the final determination of a legal question. The statute giving this power to the Board of Registration was sustained although no right of appeal was therein provided. And it is held that the task of determining upon qualifications as to honor and moral fitness may be devolved upon an administrative body.66 But the applicant is entitled to be heard upon the question.67 Where the requirement of a license and the standards imposed are both valid, the receipt of permission is essential to the legality of action taken. It is no defense that the individual does in fact possess the qualifications which would entitle him to a license. The purpose of precautionary regulation would be defeated by allowing every one to be his own inspector, subject to the subsequent approval of a jury. Unlicensed acts are illegal even though a license if requested could not rightfully be denied.68 One who makes no request for permission can defend his conduct only on the ground that permission could not be required. The determination of qualifications...


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Product Details
  • ISBN-13: 9781152033405
  • Publisher: Rarebooksclub.com
  • Publisher Imprint: Rarebooksclub.com
  • Height: 246 mm
  • No of Pages: 40
  • Spine Width: 2 mm
  • Width: 189 mm
  • ISBN-10: 1152033409
  • Publisher Date: 01 Apr 2013
  • Binding: Paperback
  • Language: English
  • Returnable: N
  • Weight: 91 gr


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