Published online by Cambridge University Press: 02 September 2013
“In the government of this commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end, it may be a government of laws, and not of men.”
So runs the thirtieth article of the constitution adopted by the people of Massachusetts in their town meetings in the year 1780; and still a part of the fundamental law of this Commonwealth. The fine and sonorous phrase states two important principles: that in every proper government there should be three balanced departments; and that a government of laws must control not only the people but those charged with government—that is, that the rule is stronger than the rulers.
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