people, 78; opposition of, to
democracy, 364.
CABINET, the, 9.
Canada, the Dominion of, an ex-
ample of Federalism, 126, 129;
the British North America Act,
1867, 153; the Courts of, 155.
Censorship of the Press, termina-
tion of, 276.
Chatham, Lord, 50, 363.
Church, the, and the Acts of
Union relating to, 61, 62, 63.
Civil Courts, in connection with
the Army, 315; power as re-
gards Courts-martial, 316.
Civil List Act, 323.
Clergy, the, in comparison with
persons subject to military law,
317, note.
Coalition, the, 381.
Coke, on the power and jurisdic-
tion of Parliament, 37; on
private rights, 45.
Colonial Governor, the position of,
in relation to the Crown, 106.
Colonial Laws Act, the, 1865, 97.
Colonial Parliaments, sanction of
the Crown in Acts of, 95; in
relation to the Imperial Parlia-
ment, 99; power of the Courts
as to, 100; as constituent bodies,
IOI; powers to change consti-
tutional laws possessed by the
Victorian Parliament, 102; the
supremacy of the Imperial Par-
liament over, 104; policy of the
Imperial Government as to,
108.
Colonies, Acts relating to, 62, 63.
Colonies, English, representative
government of, 95.
Common law, and statute law, 28.
Comptroller General, the position
and powers of, 325; instance
of the power of, 328; duties
relating to the office of, 330.
Congress, powers of, compared with
powers of railway companies,
137.
Conservatism, and Federalism,
160.
Conspirators, position of Ministers
as to, 241.
Constituencies, the, 55.
Constitution of the United States,
the,' the Articles of, 5.
Constitutional law, modern origin
of the term, 6; indefiniteness
of, 22; different character of
rules of, 24-28; the study of,
32; first principles of English,
34; general rules of English,
grounded on law of land, 210.
Constitutional laws, of England,
in comparison with Belgian, 83.
Constitutions, Burke and Hallam
on the English, 1; the Ameri-
can in comparison with the
English, 4; historical view of,
15-19; Ministers in relation
to, 26; flexible and rigid, 114,
119; French, 110, 120, 121;
Belgian, 123; United States,
131; Federal State, subject to,
132, 134; see English Consti-
tution.
Contracts, observance of, 21.
Conventions, of the Constitution,
distinction between laws and, 28;
Freeman's Growth of the Eng-
lish Constitution, quoted as to,
346; as rules of discretionary
power, 354; aims of, 356 ;
sanction of, considered, 366;
difficulties connected with, 368;
and public opinion, 372; power
of the law in relation to, 373.
Court of Appeal, the, the Peers
Courts, the Law, 56; and Railway
bye-laws, 88; of India, 92;
and Colonial Acts, 100; Bel-
gian and French, in connection
with the Constitution, 144; of
the United States, 145; Ca-
nadian, 155; Swiss, 156; and
matters of State, 189, 237, 401、
Criticism, fair and libellous, 256.
Crown, the, the descent of under
the Act of Settlement, 39; as-
sent of, to home and colonial
bills, 105; position of the Colo-
nial Governor in relation to,
106; position of, in relation
to Ministers, 335; power of,
as to aliens, 341; personal
authority of, and sovereignty
of Parliament, 391, 399, and
note; in relation to dissolu-
tions of Parliament, 361, 362;
prerogatives of, 392; Bagehot
on the powers of, 397.
Crown servants, position of, in
England, compared with posi-
tion of French officials, 202;
298.
DE BLOSSEVILLE, 182.
D'Eon, Chevalier, 177.
De Lolme, on the limit of Par-
liamentary power, 39; 170.
De Tocqueville, on the English
Constitution, 23; on the Eng-
lish Parliament, 81; on the Con-
stitution of France, III; on
Swiss want of respect for law,
166,172; on respect for the law
in England, 170; and the droit
administratif, 182; on Art. 75
of Constitution of Year VIII,
195.
'Declaration of Rights of Man,' no
guarantee for freedom of dis-
cussion, 270, 271.
'Declaration of the State of Siege,'
the, 297, 301.
Dentists' Act, the, 133.
Despotic Monarchies, limit to power
of, 70.
Discussion, right to freedom of,
252-284.
Dissolution of Parliament, 31; of
1784 and 1834, 361; necessity
for, 365; the Judges, in rela-
tion to, 367.
Dodd, Dr., execution of, men-
tioned, 392.
Droit Administratif, 182; defini-
tion of, 184; leading principles
of, 186; officials under, 198;
Judges under, 200; opposed
to modern English notions, 205;
existence of, inconsistent with
powers of English Courts, 401.
Dubs, Dr., view as to position of
Federal Court, 157.
EDWARD I, the Constitution in the
reign of, 23.
Edward VI, repeal of statute of
Proclamations of Henry VIII,
under, 48.
Electors, Presidential, of the
United States, 29; Parliamen-
tary, 55; position of, 55; the
Courts and, 67.
Ellenborough, Lord, on the liberty
of the Press, 262.
England, the King of, Black-
stone's view of the authority
of, 8.
England, law of, as to public
meeting, 285; Martial law of,
296; the Standing Army of,
304; position of Aliens in, 341.
English Constitution, the, Burke
on the importance of the study
of, 1; Hallam quoted, as to, I;
George III, estimate of, 2;
sentiment in connection with
growth of, 3; the American
in comparison with, 4; difficul-
ties of study of, to modern stu-
dents, 4, 6, 7; De Tocqueville
on, 23; in the reign of Edward
I, 23; the law and conventions
of, 344; nature of conventions
of, 346.
English constitutional law, 133.
English statute law, 49.
Enlistment, power of the civil
Courts as to, 315;
of the
militia, 316.
Executive, the, 9.
Extradition Act, the, 240; ne-
cessity for, 341, 351.
Eyre, Governor, 251.
FEDERAL Assemblies, procedure
of the Swiss, 55; as subordinate
law-making bodies, 137.
Federal Court, the, of the United
States, 142; of Swiss Con-
federation, 156.
Federal Government, instances of,
126; of the United States, 126;
compared with parliamentary
sovereignty, 126; necessary
conditions of, 128; character-
istics of, in the United States,
132; division of power in, 139,
142; weakness of, 158, and note.
Federal Judiciary, the, position
of in connection with the Pre-
sident, 143; 146.
Federalism, and Parliamentary
sovereignty, 126; aims of, 128,
131; feature of, 138; and Uni-
tarianism, 144; creation of,
153; and Conservatism, 160;
the legal spirit of, 162; diffi-
culties connected with, 166;
Swiss, 166.
Fox, support of Parliamentary
sovereignty by, 363, 382.
France, the governments of, 110,
120, 121; constitutional mon-
archy of Louis Philippe, 111; De
Tocqueville on the Constitution
of, III; the Republic of 1848,
112; constitutions of, 114-122;
control of literature and news-
paper press in, 267-274; the
Declaration of the State of
Siege,' 297.
Freeman's Growth of the English
Constitution, historical value of,
French administrative law, charac-
teristics of, 189.
French Courts, authority of, 144.
French Officials, under droit ad-
ministratif, 198; in comparison
with English Crown servants,
French Republic, power of the
Military courts under, 302.
GARDINER'S History of England,
quoted, 208; referred to, 243.
George III, admiration of, for Eng-
lish Constitution, 2; dissolu-
tion of Parliament by, as a con-
stitutional act, 362; political
activity of, 391.
German Empire, the, an example
of Federalism, 126.
Gneist, 170.
Gordon Riots, 1780, 299.
Government, representative, 76.
Governor General in Council, the,
legislative powers of, 91.
Grenville, Lord, action of, in op-
position to Parliament, regard-
ing the revenue, 1811, 329.
Growth of the English Constitution,
Freeman, in relation to consti-
tutional law, 12.
HABEAS CORPUS Acts, 28, 231-
243; the writ of, 228; appli-
cation for writ of, 231, 235;
position of suspected persons
under, 240-242; suspension of,
216, 243; of relation of Acts of
Indemnity to, 247.
Habeas Corpus Suspension Acts,
renewal of, 243; in comparison
with foreign suspension of
constitutional guarantees,' 245;
comparison with Coercion Acts
of 1881, 1882, 245, 246.
Hale, Sir Matthew, 38.
Hallam, on the Constitution of
England, 1, 7; on the Septennial
Act, 41.
Hastings, Warren, 371.
Hearn, Professor, 7; views of the
English Constitution, 20.
Henry VIII, the statute of Pro-
clamations under, 47, and re-
peal of, 48.
Historian, the, his view of con-
stitution contrasted with that
of the lawyer, 12–19.
Holland, Professor, Jurisprudence,
referred to, 57, and note.
House of Commons, the, resolu-
tions of, not of legal authority,
50; power of, 51, 54; Burke
on, 78; relation of the House
of Lords to, 355, 359.
Parliamentary Bills in progress,
336; in relation to dissolution
of Parliament, 367.
Judges, French, position of, 189.
KENT, Commentaries of, 4; on
Acts of Congress, 145.
King, the, position of, in relation
to Parliamentary Bills, 27; Or-
dinances and Proclamations of,
47.
House of Lords, the, position of in LANDESGEMEINDEN, the, of Uri, 15.
Law Courts, the, 56. See Courts.
Law-making bodies, character-
istics of, 85; meaning of the
term, 85; subordinate, 86;
corporations, 86; Council of
British India, 91; Colonial
Parliaments, 95; as non-sove-
reign legislatures, 109; Federal
Assemblies as, 137; Congress,
138.
Laws, contrast with conventions
of constitution, 24, 28; dis-
tinction between written and
unwritten, 28.
Lawyer, the, history as a secondary
study to, 15; legal rules, the
Legal equality, 179; examples of,
important study of, 31.
Legislative Assembly of France,
Legislative authority, of Parlia-
ment, 37.
Legislative Council, of British
India, powers of, 91; in relation
to Parliament, 92, 94.
Legislature, non-sovereign, 109.
Libel, on individuals, 255, 256;
on government, 257; blasphe-
mous or immoral, 259; juries
in cases of, 260.
Liberty of the Press, 253; Lord
Mansfield and Lord Ellen-
borough on, 262; causes of, 266;
England and France compared
as to, 267.
Licensing Act, of the Press, Mac-
aulay quoted on, 276.
'Limitations on Sovereignty,' al-
leged, on sovereignty of Par-
liament, 56, 57, note; actual, on
sovereignty of Parliament, 70;
Leslie Stephen's Science of Ethics
quoted, 75.
Literature, English, University
Presses, 275; powers of the
Stationers' Company, 275; laws
relating to, in contrast with
those of France, 276.
Literature, of France, laws re-
lating to, under the Ancien Ré-
gime, 269, 270; and the De-
claration of Rights, 270; French
laws in regard to literature in
contrast with English, 276.
Local and Private Acts, referred
to, 46.
Lords, the House of, in relation
to the House of Commons, 355,
359; and the will of the Na-
tion, 387; under Lord Lynd-
hurst, 388; influence of, on
Acts passed by the House of
Commons, 396.
Louis the Fifteenth, 177.
Louis Philippe, government of
France under, 111.
Lyndhurst, Lord, the House of
Lords under, 388.
Merchant Shipping Act, 1876,
powers of the Board of Trade
under, 203.
Middlesex, the Sheriff of, in the
case of Stockdale v. Hansard, 53.
Military Courts, power of, under
the French Republic, 302.
Militia, the, formation of, 316;
law of embodiment of, 317.
Ministerial responsibility, 26; its
meaning, 332-335-
Ministers, resignation of, 27; un-
derstandings regulating the ac-
tion of, 348, 350.
Ministry, the, dismissal of, by
the King, 361; resignation
under vote of censure, 377.
Montesquieu, 38; Esprit des Lois,
referred to, 188.
Moral law, Acts of Parliament
in relation to, 57; Blackstone
quoted on, 58.
Morley's Life of Diderot, referred
to, 177.
Mutiny Act, the, 305; of 1689
in comparison with the Army
Act of 1881, 307; preamble
of the first, 307; in relation
to the Annual meeting of Par-
liament, 375.
NATIONAL Debt Act, 323.
Naturalization Act, 1870, power
of the Secretary of State under,
351.
Newcastle, the Duke of, 386.
MACAULAY, quoted, on the Li- Newspaper press, French law with
censing Act, 277.
Macclesfield, Lord, mentioned in
connection with impeachment,
371.
Magistrates, position of, as to
public meetings, 287.
Magna Carta, the, 221.
Mansfield, Lord, on the liberty of
the Press, 262.
Martial law, 296–303.
Melville, Lord, 371.
Non-sovereign law-making bodies,
80; characteristics and meaning
of, 85; Railway companies as,
86; limit of powers of, 96.
Non-sovereign legislature, Foreign,"
ODGERS, Libel and Slander, quoted,
254.
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