That
is what the bill proposes. First, on this head, I lay it down as a
fundamental rule in the law and constitution of this country, that
this House has not by itself alone a legislative authority in any
case whatsoever. I know that the contrary was the doctrine of the
usurping House of Commons which threw down the fences and bulwarks
of law, which annihilated first the lords, then the Crown, then its
constituents. But the first thing that was done on the restoration
of the Constitution was to settle this point. Secondly, I lay it
down as a rule, that the power of occasional incapacitation, on
discretionary grounds, is a legislative power. In order to
establish this principle, if it should not be sufficiently proved by
being stated, tell me what are the criteria, the characteristics, by
which you distinguish between a legislative and a juridical act. It
will be necessary to state, shortly, the difference between a
legislative and a juridical act. A legislative act has no reference
to any rule but these two: original justice, and discretionary
application. Therefore, it can give rights; rights where no rights
existed before; and it can take away rights where they were before
established.
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