Northwestern University Law Review Volume 7

Northwestern University Law Review Volume 7

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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: the state constitutions; for instance, in the Constitution of Illinois, it is expressly provided that "the legislative power shall be vested in a general assembly which shall consist of a senate and house of representatives," but nevertheless, our "Cities and Villages Act" confers upon the municipal authorities in general terms and without any fixed standards the power to make ordinances on a great variety of subjects for the control of the inhabitants of such cities and villages. Such a delegation to municipalities of a power that is clearly legislative in its nature commonly goes unchallenged in the courts, and when any comment is made it is referred to as an exception to the general rule prohibiting the delegation of such power. We believe, however, that the same considerations that sustain a delegation of power to a local municipality are equally applicable to and should sustain to the same extent a delegation of power to a commission or other administrative body.3 3. In State 21. Noyes, 30 N. H. 279, Justice Bell said: "It seems to be generally conceded that powers of local legislation may be granted to cities, towns and other municipal corporations. And it would require strong reasons to satisfy us that it could have been the design of the framers of our constitution to take from the legislature a power which has been exercised in Europe by governments of all classes from the earliest history, and the exercise of which has probably done more to promote civilization than all other causes combined; which has been constantly exercised in every part of our country from its earliest settlement, and which has raised up among us many of our most valuable institutions." In Trustees of Saratoga more

Product details

  • Paperback | 358 pages
  • 189 x 246 x 19mm | 640g
  • United States
  • English
  • black & white illustrations
  • 1236743334
  • 9781236743336