Introduction to the Study of the Law of the Constitution

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Macmillan and Company, limited, 1902 - 533 стор.
 

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Сторінка 198 - It means, again, equality before the law, or the equal subjection of all classes to the ordinary law of the land administered by the ordinary law courts; the "rule of law" in this sense excludes the idea of any exemption of officials or others from the duty of obedience to the law which governs other citizens or from the jurisdiction of the ordinary tribunals ... The "rule of law...
Сторінка 509 - ... of active military operations, where war really prevails, there is a necessity to furnish a substitute for the civil authority, thus overthrown, to preserve the safety of the army and society ; and as no power is left but the military, it is allowed to govern by martial rule until the laws can have their free course.
Сторінка 509 - OF ACTIVE MILITARY OPERATIONS, WHERE WAR REALLY PREVAILS, THERE IS A NECESSITY TO FURNISH A SUBSTITUTE FOR THE CIVIL AUTHORITY, THUS OVERTHROWN, TO PRESERVE THE SAFETY OF THE ARMY AND SOCIETY; AND AS NO POWER IS LEFT BUT THE MILITARY, IT IS ALLOWED TO GOVERN BY MARTIAL RULE UNTIL THE LAWS CAN HAVE THEIR FREE COURSE.
Сторінка 41 - An Act declaring the rights and liberties of the Subject and settling the Succession of the Crown...
Сторінка 75 - 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.
Сторінка 39 - It hath sovereign and uncontrollable authority in the making, confirming, enlarging, restraining, abrogating, repealing, reviving, and expounding of laws, concerning matters of all possible denominations, ecclesiastical, or temporal, civil, military, maritime, or criminal ; this being the place where that absolute despotic power, which must in all governments reside somewhere, is intrusted by the constitution of these kingdoms.
Сторінка 103 - ... every representative 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.
Сторінка 157 - 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...
Сторінка 189 - With us every official, from the Prime Minister down to a constable or a collector of taxes, is under the same responsibility for every act done without legal justification as any other citizen.
Сторінка 96 - Ireland whereon may depend in any Degree the Allegiance of any Person to the Crown of the United Kingdom, or the Sovereignty or Dominion of the said Crown over any Part of the said Territories.

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