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But the appeal to precedent is in the law courts merely a useful fiction by which judicial decision conceals its transformation into judicial legislation ; and a fiction is none the less a fiction because it has emerged from the Courts into the field of politics or of history . They were by the founders of the constitution intended to be what their name denotes , the persons who chose or selected the President ; the chief officer , in short , of the Republic was , according to the law , to be appointed under a system of double election . The answer to this suggestion is that students who do not bear in mind the claim of Parliament to absolute sovereignty throughout the whole of the British Empire , will never understand the extent to which this sovereign power is on some occasions actually exerted outside the limits of the United Kingdom , nor , though this statement sounds paradoxical , will they understand the limits which , with the full assent , no less of English than of colonial statesmen , are in fact , as regards at any rate the Dominions , imposed upon the actual exercise of the theoretically limitless authority of Parliament . An Act of Indemnity is a statute , the object of which is to make legal transactions which when they took place were illegal , or to free individuals to whom the statute applies from liability for having broken the law ; enactments of this kind were annually passed with almost unbroken regularity for more than a century ( 1727-1828 ) to free Dissenters from penalties , for having accepted municipal offices without duly qualifying themselves by taking the sacrament according to the rites of the Church of England . Covenants which started from the analogy of warranties , and others to which was applied the language and reasoning of easements , have been confounded together under the title of [ 401 ] covenants running with the land . Lords ,109 should not become Acts of Parliament until they have been submitted to the vote of the electors and have received the sanction or approval of the majority of the electors voting on the matter . It seems to have been thought that such a covenant might go either way , according as it was made to the tenant of the manor or to a stranger . According to the general opinion there must be a privity of estate between the covenantor and covenantee in the latter class of cases in order to bind the assigns of the covenantor . Neither can it be defended on the same ground as the protection to the occupation of the land itself . According to that system , the buyer stood in the place of his seller , and a fusion of the Roman with the Anglo-Saxon rule was all that was needed .