Difference between revisions of ".MTUyOA.MTI0NTQ"
Johnbarden (talk | contribs) m (Protected ".MTUyOA.MTI0NTQ" ([Edit=Allow only administrators] (indefinite))) |
|||
| (One intermediate revision by the same user not shown) | |||
| Line 3: | Line 3: | ||
[opinion of S.J. Court] | [opinion of S.J. Court] | ||
| − | fluctuating. We are therefore inclined to the opinion that the power given to the Legislature by the provision in question has respect only to those fractions which must necessarily exist in such general | + | fluctuating. We are therefore inclined to the opinion that the power given to the Legislature by the provision in question has respect only to those fractions which must necessarily exist in such general apportionments; and is to be exercised by duly estimating the relative increase of population in the several counties; and where the ratio of increase will allow, giving a just and proper effect to these fractions by converting a fraction into a total as a basis of calculation. We are the more inclined to the opinion that the "relative increase" mentioned in the Constitution, regards factions and not totals, because it is in the power of the Legislature, if the relative increase should in the course of five years prove so considerable as to produce essential inequality, to new apportion the representation and conform it to the change of population which shall in the meantime have taken place. |
| − | If it should be enquired by what precise rule this apportionment according to relative increase is to be made, we should reply that we know of none more definite than that which has already been mentioned. The Constitution has prescribed none : and perhaps none could have been prescribed. It has confided the power contained in the provision in question, to the Legislature : presuming that it would be exercised with sound discretion - in a spirit of Justice and impartiality to the whole people and with the sole view of insuring that equality of representation and those beneficial effects which it was intended to produce. | + | If it should be enquired by what precise rule this apportionment according to relative increase is to be made, we should reply that we know of none more definite than that which has already been mentioned. The Constitution has prescribed none: and perhaps none could have been prescribed. It has confided the power contained in the provision in question, to the Legislature: presuming that it would be exercised with sound discretion - in a spirit of Justice and impartiality to the whole people and with the sole view of insuring that equality of representation and those beneficial effects which it was intended to produce. |
| − | We will only add to relative increase of population admits of a construction of the nature which we have | + | We will only add that unless the "expression having regard to the relative increase of population" admits of a construction of the nature which we have endeavoured to explain & illustrate, we |
Latest revision as of 19:12, 3 April 2020
517
[opinion of S.J. Court]
fluctuating. We are therefore inclined to the opinion that the power given to the Legislature by the provision in question has respect only to those fractions which must necessarily exist in such general apportionments; and is to be exercised by duly estimating the relative increase of population in the several counties; and where the ratio of increase will allow, giving a just and proper effect to these fractions by converting a fraction into a total as a basis of calculation. We are the more inclined to the opinion that the "relative increase" mentioned in the Constitution, regards factions and not totals, because it is in the power of the Legislature, if the relative increase should in the course of five years prove so considerable as to produce essential inequality, to new apportion the representation and conform it to the change of population which shall in the meantime have taken place. If it should be enquired by what precise rule this apportionment according to relative increase is to be made, we should reply that we know of none more definite than that which has already been mentioned. The Constitution has prescribed none: and perhaps none could have been prescribed. It has confided the power contained in the provision in question, to the Legislature: presuming that it would be exercised with sound discretion - in a spirit of Justice and impartiality to the whole people and with the sole view of insuring that equality of representation and those beneficial effects which it was intended to produce. We will only add that unless the "expression having regard to the relative increase of population" admits of a construction of the nature which we have endeavoured to explain & illustrate, we