Principium Volume II, Book 11, Quote 1205 and 1213

1205. (1-17-2011) The reason why a division of powers between different authorities always reduces the power that anybody can exercise is not always understood. It is not merely that the separate authorities will, through mutual jealousy, prevent one another from exceeding their authority. More important is the fact that certain kinds of coercion require the joint and co-ordinated [sic] use of different powers or the employment of several means, and, if these means are in separate hands, nobody can exercise those kinds of coercion. The most familiar illustration is provided by many kinds of economic control which can be effective only if the authority exercising them can also control the movement of men and goods across the frontiers of its territory. If it lacks that power, though it has the power to control internal events, it cannot pursue policies which require the joint use of both. Federal government is then in a very definite sense limited government.

- Friedrich A. Hayek – The Constitution of Liberty, 1978


1213. (1-20-2011) We can consider here only one other development of constitutional doctrine during this period. It is the increasing recognition that a constitutional system based on the separation of powers presupposed a clear distinction between laws proper and those other enactments of the legislature which are not general rules. We find in discussions of the period (the founding era of the Constitution and government)ATJ constant references to the conception of “general laws, formed upon deliberation, under the influence of no resentment, and without knowing upon whom they will operate. There was much discussion of the undesirability of “special” as distinguished from “general” acts. Judicial decisions repeatedly stressed that laws proper ought to be “general public laws equally binding upon every member of the community under similar circumstances. Various attempts were made to embody this distinction in state constitutions, until it came to be regarded as one of the chief limitations upon legislature. This, together with the explicit prohibition of retroactive laws by the federal Constitution,…indicate how constitutional rules were meant to control substantive (substantive: defining rights and duties as opposed to giving the rules by which rights and duties are established – Colordict Dictionary)ATJ legislation.

- Friedrich A. Hayek – The Constitution of Liberty, 1978



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