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Emer de Vattel- limits on legislature
Book 1 , Chpt.3, §34
legislative power. The nation may intrust the exercise of it to the prince, or to an assembly; who have then a right to make new laws and to repeal old ones. asked whether their power extends to the fundamental laws, whether they may change the constitution of the state? The principles we lave laid down lead us to decide with certainty, that the authority of these legislators DOES NOT EXTEND SO FAR, and that they ought to consider the fundamental laws as SACRED, if the nation has not given them power to change thern. For the constitution of the state ought to possess stability : and since that was first established by the nation, which aferwards intrusted certain persons with the legislative power, the fuudamental laws are excepted from their commission. laws suited to PARTICULAR CONJUNCTURES, and, for that purpose, gave the legislature the power of abrogating the ancient civil and political laws that were NOT FUNDAMENTAL,

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