by Matthew Bransgrove | Jul 16, 2015 | The Rule of Law
The sentiment that ex post facto laws are against natural rights is so strong in the United States, that few, if any, of the State constitutions have failed to proscribe them. The federal constitution indeed interdicts them in criminal cases only; but they are equally...
by Matthew Bransgrove | Jul 16, 2015 | The Rule of Law
For all the power the Government has being only for the good of society, as it ought not to be arbitrary and at pleasure, so it ought to be exercised by established and promulgated laws; that both the people may know their duty, and be safe and secure within the...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
The judgments ought to be fixed, and to such a degree, as to be always conformable to the exact letter of the law. Were they to be the private opinion of the judge, people would then live in a society without knowing exactly the obligation it lays them under....
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
It is discretion alone that is responsible for corruption. A local government official cannot take a bribe from a developer if he has no discretion to determine the outcome. The same holds true for the immigration official, the mayor, the procurement officer, and the...
by Matthew Bransgrove | Jul 13, 2015 | The Rule of Law
When a law grants discretion to public servants, it is always harmful. Wishful thinking is attracted to the idea of officials having discretion to ‘decide what is best in the circumstances.’ It conjures up images of a benevolent Solomon fairly and appropriately...
