Lectures Introductory to the Study of the Law of the Constitution |
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Page 3
... short a thing by itself , which Englishmen foreigners alike should " venerate , where they not able presently to comprehend . " The present generation must of necessity look the constitution in a spirit different from the se ment either ...
... short a thing by itself , which Englishmen foreigners alike should " venerate , where they not able presently to comprehend . " The present generation must of necessity look the constitution in a spirit different from the se ment either ...
Page 5
... short of perfect logical arrangement ; and they lack absolute lucidity of ex- pression , but they contain in a clear and intelligible form , the fundamental law of the Union . This law ( be it noted ) is made and can only be altered or ...
... short of perfect logical arrangement ; and they lack absolute lucidity of ex- pression , but they contain in a clear and intelligible form , the fundamental law of the Union . This law ( be it noted ) is made and can only be altered or ...
Page 6
... short , that before commenting on the law of the constitution he must make up his mind what is the nature and the extent of English constitu- tional law . His natural , his inevitable resource is to recu writers 6 THE TRUE NATURE OF ...
... short , that before commenting on the law of the constitution he must make up his mind what is the nature and the extent of English constitu- tional law . His natural , his inevitable resource is to recu writers 6 THE TRUE NATURE OF ...
Page 16
... short of Uri . A lawyer lecturing on the constitution of the United States would , on the other hand , neces- sarily start from the constitution itself But he would soon see that the articles of the constitution required a knowledge of ...
... short of Uri . A lawyer lecturing on the constitution of the United States would , on the other hand , neces- sarily start from the constitution itself But he would soon see that the articles of the constitution required a knowledge of ...
Page 20
... short , one of those rare teachers who have explained intricate matters with such complete clearness , as to make the public forget that what is now so clear ever needed explanation . Professor Hearn may perhaps be counted a fol- lower ...
... short , one of those rare teachers who have explained intricate matters with such complete clearness , as to make the public forget that what is now so clear ever needed explanation . Professor Hearn may perhaps be counted a fol- lower ...
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Common terms and phrases
A. V. DICEY Act of Indemnity Act of Parliament action administrative law army arrest assembly assertion authority body breach British bye-law Cabinet citizens colonial consti constitutional law constitutionality conventions Council Court criminal Crown discretionary doctrine droit administratif effect electors enactments enforced English constitution English law Englishmen executive executive government exercise existence expression fact federal force foreign France French Habeas Corpus Act House of Commons House of Lords imprisoned institutions judges judicial King land law of England lawyers lecture legislative legislature liament libel liberty limited matter maxims means ment Minister Ministry nation obedience offences official opinion ordinary law Parlia Parliamentary sovereignty passed political prerogative principles punishment recognised revenue rule of law servants soldier sovereign power sovereignty of Parliament Star Chamber statesmen statute subordinate suppose supremacy supreme tion treated tribunals true tution unconstitutional United validity Vict writ of habeas
Popular passages
Page 287 - Englishmen, therefore, at the end of the seventeenth and the beginning of the eighteenth century, found themselves placed in this dilemma.
Page 52 - England; and that the continuance and preservation of the said united Church, as the established Church of England and Ireland, shall be deemed and taken to be an essential and fundamental part of the union...
Page 158 - When we say that the rule of law is a characteristic of the English constitution, we generally '. include, under one expression at least three distinct though kindred conceptions. We mean, in the first place, that no man is punishable or can be lawfully made to suffer in body or goods except for a distinct breach of law established in the ordinary legal manner before the ordinary courts of the land.
Page 59 - When we inquire by what means this wonder is effected, we shall find, that, as Force is always on the side of the governed, the governors have nothing to support them but opinion. It is, therefore, on opinion only that government is founded; and this maxim extends to the most despotic and most military governments, as well as to the most free and most popular.
Page 136 - A final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had...
Page 26 - ... this being the place where that absolute despotic power, which must in all governments reside somewhere, is entrusted by the constitution of these Kingdoms. All mischiefs and grievances, operations and remedies, that transcend the ordinary course of the laws, are within the reach of this extraordinary tribunal.
Page 136 - ... where is drawn in question the validity of a statute of, or an authority exercised under any state, on the ground of their being repugnant to the constitution, treaties, or laws of the United States...
Page 59 - NOTHING appears more surprising to those who consider human affairs with a philosophical eye, than the easiness with which the many are governed by the few; and the implicit submission, with which men resign their own sentiments and passions to those of their rulers.
Page 86 - Legislature shall, in respect to the colony under its jurisdiction, have and be deemed at all times to have had full power to make laws respecting the constitution powers and procedure of such Legislature: Provided that such laws shall have been passed in such manner and form as may from time to time be required by any Act of Parliament Letters Patent Order in Council or colonial law for the time being in force in the said colony.
Page 55 - politically' sovereign or supreme in a state the will of which is ultimately obeyed by the citizens of the state. In this sense of the word the electors of Great Britain may be said to be, together with the Crown and the Lords, or perhaps, in strict accuraej', independently of the King and the Peers, the body in which sovereign power is vested.