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Lecture analysis of our institutions and a comparison of them VIII.

with the institutions of foreign countries is that the English constitution is still marked far more deeply than is generally supposed by peculiar features, and that these peculiar characteristics may be summed up in the combination of Parliamentary Sovereignty with the Rule of Law.



Austin, on Parliamentary sove-

reignty, 65, 67; Jurisprudence,
Act of Indemnity, an, 46; the

quoted, 68.
passing of, 50; connection be-

tween, and Habeas Corpus Sus-
pension Act, 247.

Bacon, introduction of the writ
Act of Settlement, the, 28, 39. De non procedendo Rege incon-
Act, the Septennial, 41.

sulto by, 208.
Acts of Colonial Legislature, 109, Bagehot, 7; English Constitution

by, 20; on the powers of the
Acts of Parliament, and Moral

Crown, 397
law, 57, and note, 60.

Belgian Constitution, the, in com-
Acts of Union, the, 40, 60; Co- parison with the English, 83,
lonial, 62, 63.

Aliens, position of, in England, Belgian Courts, authority of, 144.

Belgian law, as to the liberty of
Alleged limitations, 56.

the Press, 252, 253.
American Constitution, the, in Belgium, law of, as to public
comparison with the English, meeting, 284, 285.

Bill of Rights, the, 26, 28.
Ancien Régime, the, laws relating Bills, Parliamentary, position of
to literature under, 269.

the king in relation to, 27.
Anne, Queen, and the Act of Blackstone, 6; the Commentaries,
Settlement, 39.

7; on kingly authority, 8; on
Appropriation Act, 323.

moral law, 58.
Army, the English, in relation to Blackstone's Commentaries, quoted

the law, 304; the Standing on the legislative authority of
army and the Mutiny Act, 304; Parliament, 37.
the Act of 1881, 307; position Board of Trade, power of, under
of the soldier as a citizen, 308 ; the Merchant Shipping Act,
criminal and civil liability of 1876, 203,
soldiers, 308, 309; Mr. Justice Bradlaugh, Charles, 32.
Stephen on the position of men British India, the Legislative
and officers, 312.

Council of, 91.
Arrest, redress for, 223.

British North America Act, 1867,
Article 75 of the Constitution of 153

the Year VIII, De Tocqueville Burke, on the study of the English

on, 195 ; abolition of, 197. Constitution, 1; on the House
Aucoc, on droit administratif, 184. of Commons, in relation to the

4, 6.

people, 78; opposition of, to powers of railway companies,
democracy, 364.


Conservatism, and Federalism,


Conspirators, position of Ministers
CABINET, the, 9.

as to, 241.
Canada, the Dominion of, an ex- Constituencies, the, 55.

ample of Federalism, 126, 129; 'Constitution of the United States,
the British North America Act, the,' the Articles of, 5.

1867, 153; the Courts of, 155. Constitutional law, modern origin
Censorship of the Press, termina- of the term, 6; indefiniteness
tion of, 276.

of, 22; different character of
Chatham, Lord, 50, 363.

rules of, 24-28; the study of,
Church, the, and the Acts of 32; first principles of English,

Union relating to, 61, 62, 63. 34; general rules of English,
Civil Courts, in connection with grounded on law of land, 210.
the Army, 315; power as re-

Constitutional laws, of England,
gards Courts-martial, 316. in comparison with Belgian, 83.
Civil List Act, 323.

Constitutions, Burke and Hallam
Clergy, the, in comparison with on the English, 1; the Ameri-

persons subject to military law, can in comparison with the
317, note.

English, 4; historical view of,
Coalition, the, 381.

15-19; Ministers in relation
Coke, on the power and jurisdic- to, 26; flexible and rigid, 114,

tion of Parliament, 37; on 119; French, 110, 120, 121;
private rights, 45.

Belgian, 123; United States,
Colonial Governor, the position of, 131; Federal State, subject to,
in relation to the Crown, 106.

132, 134; see English Consti-
Colonial Laws Act, the, 1865, 97. tution.
Colonial Parliaments, sanction of Contracts, observance of, 21.

the Crown in Acts of, 95; in Conventions, of the Constitution,
relation to the Imperial Parlia- distinction between laws and, 28;
ment, 99; power of the Courts Freeman's Growth of the Eng-
as to, 100; as constituent bodies, lish Constitution, quoted as to,
101; powers to change consti- 346; as rules of discretionary
tutional laws possessed by the power, 354; aims of, 356 ;
Victorian Parliament, 102; the sanction of, considered, 366;
supremacy of the Imperial Par- difficulties connected with, 368;
liament over, 104; policy of the and public opinion, 372 ; power
Imperial Government as to, of the law in relation to, 373.

Court of Appeal, the, the Peers
Colonies, Acts relating to, 62, 63. as, 27.
Colonies, English, representative Courts, the Law, 56; and Railway
government of, 95.

bye-laws, 88; of India, 92;
Common law, and statute law, 28. and Colonial Acts, 100; Bel-
Comptroller General, the position gian and French, in connection

and powers of, 325; instance with the Constitution, 144 ; of
of the power of, 328; duties the United States, 145; Ca-

relating to the office of, 330. nadian, 155 ; Swiss, 156 ; and

powers of, compared with matters of State, 189, 237, 401,
tioned, 392.


Criticism, fair and libellous, 256. Dodd, Dr., execution of, men-
Crown, the, the descent of under

the Act of Settlement, 39; as, Droit Administratif, 182; defini-
sent of, to home and colonial tion of, 184; leading principles
bills, 105; position of the Colo- of, 186; officials under, 198;
nial Governor in relation to, Judges under, 200; opposed
106; position of, in relation to modern English notions, 205;
to Ministers, 335; power of, existence of, inconsistent with

to aliens, 341; personal powers of English Courts, 401.
authority of, and sovereignty Dubs, Dr., view as to position of
of Parliament, 391, 399, and

Federal Court, 157.
note; in relation to dissolu-
tions of Parliament, 361, 362;

prerogatives of, 392 ; Bagehot
on the powers of, 397.

EDWARD I, the Constitution in the
Crown servants, position of, in reign of, 23.

England, compared with posi- Edward VI, repeal of statute of
tion of French officials, 202 ; Proclamations of Henry VIII,

under, 48.

Electors, Presidential, of the

United States, 29; Parliamen-

tary, 55; position of, 55; the

Courts and, 67.
D'Eon, Chevalier, 177.

Ellenborough, Lord, on the liberty
De Lolme, on the limit of Par- of the Press, 262.
liamentary power, 39; 170.

England, the King of, Black-
De Tocqueville, on the English stone's view of the authority
Constitution, 23; on the Eng-

of, 8.
lish Parliament, 81; on the Con- England, law of, as to public
stitution of France, Il; on meeting, 285; Martial law of,
Swiss want of respect for law, 296; the Standing Army of,
166, 172; on respect for the law 304 ; position of Aliens in, 341.
in England, 170; and the droit English Constitution, the, Burke
administratif, 182; on Art. 75 on the importance of the study
of Constitution of Year VIII, of, 1; Hallam quoted, as to, 1;

George III, estimate of, 2;
‘Declaration of Rights of Man,' no sentiment in connection with
guarantee for freedom of dis-

growth of, 3; the American
cussion, 270, 271.

in comparison with, 4; difficul-
Declaration of the State of Siege,' ties of study of, to modern stu-
the, 297, 301,

dents, 4, 6, 7; De Tocqueville
Dentists' Act, the, 133.

on, 23; in the reign of Edward
Despotic Monarchies, limit to power I, 23; the law and conventions

of, 344; nature of conventions
Discussion, right to freedom of, of, 346.

English constitutional law, 133.
Dissolution of Parliament, 31; of English statute law, 49.

1784 and 1834, 361; necessity Enlistment, power of the civil
for, 365; the Judges, in rela- Courts as to, 315;

of the
tion to, 367.

militia, 316.

of, 70

Executive, the, 9.
Extradition Act, the, 240; ne-

cessity for, 341, 351.
Eyre, Governor, 251.

French Officials, under droit ad-

ministratif, 198; in comparison
with English Crown servants,

French Republic, power of the

Military courts under, 302.


FEDERAL Assemblies, procedure

of the Swiss, 55; as subordinate
law-making bodies, 137.

GARDINER's History of England,
Federal Court, the, of the United quoted, 208; referred to, 243.

States, 142; of Swiss Con- George III, admiration of, for Eng-
federation, 156.

lish Constitution, 2; dissolu-
Federal Government, instances of, tion of Parliament by, as a con-

126; of the United States, 126; stitutional act, 362; political
compared with parliamentary activity of, 391.
sovereignty, 126; necessary German Empire, the, an example
conditions of, 128; character- of Federalism, 126.
istics of, in the United States, Gneist, 170.
132; division of power in, 139, Gordon Riots, 1780, 299.

142; weakness of, 158, and note. Government, representative, 76.
Federal Judiciary, the position Governor General in Council, the,

of in connection with the Pre- legislative powers of, 91.
sident, 143 ; 146.

Grenville, Lord, action of, in op-
Federalism, and Parliamentary position to Parliament, regard-

sovereignty, 126; aims of, 128, ing the revenue, 1811, 329.
131; feature of, 138; and Uni- Growth of the English Constitution,
tarianism, 144 ;

creation of, Freeman, in relation to consti-
153; and Conservatism, 160; tutional law, 12.
the legal spirit of, 162; diffi-
culties connected with, 166;

Swiss, 166.
Fox, support of Parliamentary HABEAS CORPUS Acts, 28, 231-

sovereignty by, 363, 382. 243; the writ of, 228; appli-
France, the governments of, 110, cation for writ of, 231, 235;

120, 121; constitutional mon- position of suspected persons
archy of Louis Philippe, 111; De under, 240-242 ; suspension of,
Tocqueville on the Constitution

216, 243; of relation of Acts of
of, un; the Republic of 1848, Indemnity to, 247.
112; constitutions of, 114-122; Habeas Corpus Suspension Acts,
control of literature and news- renewal of, 243; in comparison
paper press in, 267–274; the with foreign suspension of
Declaration of the State of constitutional guarantees,' 245;
Siege,' 297

comparison with Coercion Acts
Freeman's Growth of the English of 1881, 1882, 245, 246.
Constitution, historical value of, Hale, Sir Matthew, 38.

Hallam, on the Constitution of
French administrative law, charac- England, 1,7; on the Septennial
teristics of, 189.

Act, 41.
French Courts, authority of, 144. Hastings, Warren, 371.

I 2.

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