Post Content

header20

Legislative functions should be restricted to the Legislature

Article 20 (1780)

The power of suspending the laws, or the execution of the laws, ought never to be exercised but by the legislature, or by authority derived from it, to be exercised in such particular cases only as the legislature shall expressly provide for.

Precedents

 English Bill of Rights (1689):

“[T]he pretended power of suspending the laws or the execution of laws by regal authority without consent of Parliament is illegal;

[T]he pretended power of dispensing with laws or the execution of laws by regal authority, as it hath been assumed and exercised of late, is illegal.”

 

Section 7, Virginia Declaration of Rights, Adopted unanimously June 12, 1776,  Virginia Convention of Delegates, drafted by Mr. George Mason:

“That all power of suspending laws, or the execution of laws, by any authority without consent of the representatives of the people is injurious to their rights and ought not to be exercised.”

 

Article 7, Maryland Declaration of Rights , Adopted November 11, 1776, Delegates of Maryland in Free and Full Convention Assembled:

“That no power of suspending laws, or the execution of laws, unless by or derived from the Legislature, ought to be exercised or allowed.”

Written By:

Recent Posts

New Law Gives Added Protections for Persons with Disabilities posted on Feb 20

Massachusetts Governor Charlie Baker signed a new law on February 13, 2020 which gives more protections to individuals with developmental and intellectual disabilities.  Chapter 19 of the Acts of 2020 establishes a registry for caretakers in Massachusetts who have been found to have caused serious physical   …Continue Reading New Law Gives Added Protections for Persons with Disabilities

Real Estate Recording Fees to be Increased posted on Dec 10

Under Massachusetts General Laws chapter 44B section 8,  real property conveyance documents recorded at the Registry of Deeds are subject to a Community Preservation Act surcharge.  This law was amended by chapter 41 sections 29 and 30 of the Acts of 2019.  Effective December 31,   …Continue Reading Real Estate Recording Fees to be Increased

Portraits in Massachusetts Law: Lucy Stone posted on Nov 13

Portraits in Massachusetts Law: Lucy Stone

Portraits in Massachusetts Law is a regular feature of Massachusetts Law Updates. These pages provide links to biographical information abut people who have been particularly important in legal history in Massachusetts, as our government took shape in the cauldron of the American Revolution and grew and changed throughout   …Continue Reading Portraits in Massachusetts Law: Lucy Stone