356; and the will of the Na- tion, 384; under Lord Lynd- hurst, 385; influence of, on Acts passed by the House of Commons, 393. Louis the Fifteenth, 175. Louis Philippe, government of France under, 110. Lyndhurst, Lord, the House of Lords under, 385.
MACAULAY quoted, on the Li- censing Act, 275. Macclesfield, Lord, 368. Magistrates, position of, as to public meetings, 286. Magna Carta, the, 219.
Mansfield, Lord, on the liberty of the Press, 260. Martial law, 294–301. Melville, Lord, 368. Merchant Shipping Act, 1876, powers of the Board of Trade under, 201.
Military Courts, power of, under
the French Republic, 300. Militia, the, formation of, 313;
law of embodiment of, 314. Ministerial responsibility, its meaning, 329-332. Ministers, understandings regu-
lating the action of, 345, 347- Ministry, the, dismissal of, by
the King, 358; resignation under vote of censure, 374 Montesquieu's Esprit des Lois, referred to, 186.
Moral law, Acts of Parliament in relation to, 58. Morley's Life of Diderot, referred to, 175.
Mutiny Act, the, 303; of 1689 in comparison with the Army Act of 1881, 305; preamble of the first, 305; in relation to the Annual meeting of Par- liament, 372.
NATIONAL Debt Act, 320. Naturalization Act, 1870, power
of the Secretary of State under, 348.
Newcastle, the Duke of, 383. Newspaper press, French law with regard to, 269. Non-sovereign law-making bodies, 80; Railway companies as, 86; limit of powers of, 96. Non-sovereignlegislature, Foreign,
ODGERS, Libel and Slander,quoted, 252.
PALMERSTON, Lord, action of, under dissolution of Parlia- ment, 364. Parliament, the Imperial, and legal authority, 21; sovereignty of, 35; legislative authority of, 37; the Resolutions of, 50; power of the Houses of, 51; Mr. Justice Stephen on the power of, 51; power of in changing laws, 81; repeal of Acts of, 84; subjection of non- sovereign law-making bodies to, 87; the Victorian Parliament in relation to, 99; supremacy of, 104; veto of on Colonial Acts, 107; policy of towards Colonial legislatures, 108; the Judges in relation to, 142; necessary action of, for em- bodiment of the Militia, 314; Acts of in relation to the Reve- nue, 320; and Crown servants, 335; rules as to the dissolution of, 357; dissolutions of 1784 and 1834, 358; dissolution of 1885, 358, note; the Annual meeting of, 371, 374-
Parliament, Acts of, in relation to Moral and International Law, 58; in relation to preceding Acts, 60. Parliament (Victorian), the, 95; in relation to the Imperial Parliament, 99; struggle be- tween the upper and lower Houses of, 1878 and 1879, 386. Parliamentary electors, not part of sovereign power, 55. Parliamentary power, exemplified by Acts of Indemnity, 47. Parliamentary sovereignty, the principle of, 36; examples of, 38; in relation to private rights, 44, 62; Austin on, 65; limitation of, 65; political and legal, 66; external and internal limits of, 73; characteristics of, 80; De Tocqueville on, 81; and Federalism, 126; and the Rule of Law, 291, 332; char- acteristics of, 333; and ad- ministrative law, 335- Peel, and the Dissolution of 1834, 359. Personal freedom, the right to, 218-250; meaning of the term,
220.
Pitt, and the Dissolution of 1784,
358; and the Coalition, 378. Plouard's Les Constitutions Fran-
çaises, quoted, 113. Pollock's, Prof., Essays on Juris- prudence and Ethics, note, 37; Science of Case Law, 56. Prerogative, the Royal, 59, 391, 392. Prerogative, and privilege, 352. President of the United States,
election of, 29; power of, 139; position of the Federal Ju- diciary in connection with, 143; in contrast with the English Cabinet, 143. Press, the Belgian law as to liberty
of, 250, 251; position of Eng lish writers in, 262; offences, 263, 273; causes of the liberty of, 264; under the French laws, 265; contrast of France and England in relation to, 273, 277; the Licensing Act, 274. Prevention of Crime (Ireland) of the exe- Act, 1882, powers cutive under, 244. Priestley, on Septennial Parlia
ments, 43.
Prime Minister, the, position of in relation to the State, 9; popu lar errors as to the power of, 11; position of in relation to law courts, 21. Private Rights, Parliament in
relation to, 44. Privilege, and prerogative, 352. Proclamations, the Statute of, law, 47; Royal, in relation 50; modern use of, 50. Public Meeting, the Right of, 282- 290; the Belgian law of, 283; English law as to, 283; position of Magistrates as to, 286. Public opinion, in regard to the conventions of the Constitution, 369. Public Rights, Parliament in re- lation to, 35.
Q.
QUEEN, the, popular errors as to the power of, 11.
R.
RAILWAY Companies as non- sovereign law-making-bodies, 86; subject to Acts of Parlia ment, 87; the Courts and bye- laws of, 88, 89, 91, 138. Reeves, author of History of Eng
lish Law, trial of, 349. Religion, offences against, 257
Representative Government, 76; of English Colonies, 95. Republican Constitution of France,
Resolutions, of Parliament, 50. Revenue, the, laws regarding, 316; the source of Parliamentary, 316; the authority for ex- pending, 318, 320; the receipt of, 319; security for legal expenditure, 321; position of the Comptroller General in re- gard to, 322; mode of payments from, 323; action of Lord Grenville in relation to, 326; summary of principles as to receipt and expenditure of, 328,
Riot Act, the, mistake as to the
Riots, the Reform, of 1831, 297; Gordon, 1780, 297- Royal Prerogative, the, 59. Royal Proclamations, in relation to law, 50.
Royal supremacy, and sovereignty of Parliament, 167. Rule of Law, the, its nature, 166– 216; De Tocqueville on, 168; meaning of, 172; England and France, contrasted as to, 179, 191; summary of meanings of, 215; applications, 217; and Parliamentary Sovereignty, 291, 332; absence of support to, in foreign assemblies, 336; abeyance of, in case of tumult or invasion, 339; development of, in the United States, 398.
SALISBURY, Lord, and the disso- lation of 1885, 358. Science of Case Law, Prof. Pollock, 56.
Scotland, the Act of Union with,
Seals, the, of Office, 330. Secretary of State, the, and the Naturalization Act, 348. Seditious intention, defined, 256. Septennial Act, the, 41; Hallam and Lord Stanhope on, 42; constitutional importance of, 42; the objections to, 43; Priestley's view of, 43. Slavery, abolition of, in the United States, 76.
Soldiers, position of, 304; position of as citizens, 306; criminal liability of, 306; civil liability, 307; under trial, 308; in re- lation to Officers, 309; Mr. Justice Stephen on the position of, in relation to their Officers, 310; military position of, 312; the Civil Courts and, 313. Sovereign power, Hume on, 71;
limits to, in case of absolute rulers, 71, 76.
Standing Army, the, of England, 302. Stanhope, Lord, on the Septennial Act, 42.
Star Chamber, the, control of, over printing-presses, 273; abolition of, 281.
Statute, and Common law, 28. Statute, of Proclamations, 47. Stephen, Mr. Justice, on the
resolutions of Parliament, 51; on the obedience of soldiers to the commands of their officers, 310. Stephen, Leslie, on actual limits to sovereign power, 75. Story, Commentaries of, 4. Stubbs, Dr. (Bishop of Chester), 17.. Supreme Court, of the United
States, formation and power of, 146, 149; case of Marbury v. Madison, decided by, 152; dangers of its position, 161. Swiss Confederation, the, an ex-
« PreviousContinue » |