Lectures Introductory to the Study of the Law of the Constitution

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Macmillan and Company, 1885 - Constitutional law - 407 pages

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Page 277 - Englishmen, therefore, at the end of the seventeenth and the beginning of the eighteenth century, found themselves placed in this dilemma.
Page 46 - 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 148 - 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 54 - 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 126 - 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 20 - ... 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 126 - ... 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 54 - 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 78 - 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 51 - 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.

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