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Marsilius of Padua


“This is so whether the said body of citizens or its prevailing part does this directly of itself, or commits the task to another or others who are not and cannot be the legislator in an unqualified sense but only in a certain respect and at a certain time and in accordance with the authority of the primary legislator. And in consequence of this I say that laws and anything else instituted by election must receive their necessary approval from the same primary authority and no other: whatever may be the situation concerning various ceremonies or solemnities, which are not required for the results of an election to stand but for their good standing, and even without which the election would be no less valid. I say further that it is by the same authority that laws and anything else instituted by election must receive any addition or subtraction or even total overhaul, any interpretation and any suspension: depending on the demands of time and place and other circumstances that might make one of these measures opportune for the sake of the common advantage in such matters.”
Marsilius of Padua
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