LEGISLATION AND JUDICIAL DECISION

Authors

Rudolf Stammler, Ueber Gesetzgebung und Rechtsprechung

Abstract

The discussions of the theme indicated by the title usually start from Montesquieu's theory of the three powers. This famous doctrine is developed in his work "De 1' esprit des lois" (1748) Bk. II, Ch. 6. This chapter is entitled "Of the English Constitution". It discusses however all states in general. In every state there are three sorts of powers, the legislative authority, the executive authority in matters dependent upon the law of nations, and the executive authority in everything dependent upon civil law. The last Montesquieu calls the judicial power, while the one mentioned in the second place is called simply the executive power of the state.

Recommended Citation

Rudolf Stammler, LEGISLATION AND JUDICIAL DECISION, 23 Mich. L. Rev. 362 (1925).
Available at: https://repository.law.umich.edu/mlr/vol23/iss4/4