The Roman empire and the British empire in India. The extension of Roman and English law throughout the world. Flexible and rigid constitutions. The action of centripetal and centrifugal forces on political constitutions. Primitive Iceland. The Constitution of the United States as seen in the past. Two South African constitutions. The constitution of the commonwealth of Australia

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Clarendon Press, 1901
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The disposition to obey will be permanent
41
Revenue and taxation of the two Empires
42
THE NATURE OF SOVEREIGNTY 49III
49
Civil rights of conquerors and of subjects
51
Sovereignty de iure exists in the sphere of law only and
56
Character of the conquerors as a source of their strength
59
Relations of Sovereignty de iure to that de facto
64
the people are
73
Retroactive influences of the provinces on Rome and of India
76
Emperor and Pope
79
Probable future of British power in India
82
Relation of Hobbes system to the events of his time
86
Extension of Roman Law by conquest
88
illustrations of their unsoundness
89
Gradual assimilation of Roman and Provincial Law
97
Rights in the moral sphere of Sovereignty de iure
98
How the Romans were able to create an imperial law
103
Sovereignty in International Relations
104
Diffusion of English Law over regions settled or conquered
110
Policy followed by the English in dealing with Indian Law
117
35
121
Reciprocal action of English and Native Law on one another
124
How the common law of the nations was formed
131
Roman Law in the Empire compared with English Law
133
Growth of the idea of Natural Law among the jurists
138
English and Roman Law over the world
142
Slavery
144
Old Classification of Constitutions as Written and Unwritten
148
Value and practical influence of the notion of Natural
151
how far distinguishable from laws
154
The Law of Nature and Law of God in the Middle Ages
157
Strength and weakness of Flexible Constitutions
163
Its relation to the Law of England
164
Illustrations from the Constitutions of Rome and England
169
Comparative quiescence of the idea in recent
170
German Naturrecht
174
Dangers possibly inherent in Flexible Constitutions
175
Flexible Constitutions suited to aristocratic governments
178
Errors in John Austins use of
180
Influence of Constitutions on the mind of a nation
185
The Comparative Method
186
Capacity of Constitutions for Territorial Expansion
193
comparison of their
199
Circumstances under which Rigid Constitutions arise
205
The Roman Jurists are philosophical in spirit
207
Differences in this respect between different peoples
215
Various modes now in use for amending them
217
Description of El Azhar and its Teaching
225
The interpretation of Rigid Constitutions
228
Causes of the arrested development of Musulman Universities
233
Suitability of Rigid Constitutions to Democracies
234
Identity of State and Church under Islam
240
Effect on the law of the establishment of the imperial auto
241
Probable future of the two types of Constitution
242
Possible creation of new States and Constitutions
249
THE ACTION OF CENTRIPETAL AND CENTRIFUGAL FORCES
255
Difficulties due to differences of colour in races
291
its Organs
293
Merits of the Roman Statutes
300
Effects of Conquest and of Dynastic Succession
303
Direct legislation by the Emperor
308
Present tendency to the enlargement or consolidation
309
Defects in Imperial legislation
315
its history
321
The first political constitution of the island
322
Difficulties incident to Parliamentary legislation
327
ESSAY XIV
328
General character of the Icelandic Republic
333
METHODS OF LAWMAKING IN ROME AND IN ENGLAND 247338
338
Roman and English Law have both been developed in a com
339
Sources of our knowledge of the
341
Roman Legal History during the republican period
345
Story of Gunnlaug Snakes Tongue
348
dissolution of the Empire in the West
354
The Reformation and the Civil
361
Predictions of the opponents of the New Constitution
366
The Law of Family and Inheritance at Rome and the Law
367
Examination of the predictions of 1788
374
Observations on France and Germany
375
The Democracy in America of Alexis de Tocqueville
381
His preoccupation with France
387
The deficiencies observable in his book scarcely affect
390
Relation of the Consorts as respects Property
395
His description of the salient features of the nation
397
Roman doctrine and practice regarding Divorce
402
Advantages which he conceives Democracy to have secured
403
Points omitted in his description
413
prohibited degrees Concubinatus
420
Summary of Tocquevilles conclusions
425
The Centripetal force generally but not always dominant
429
Circumstances under which they arose
432
Constitution of the South African Republic Transvaal
441
Does the growth of Divorce betoken a moral decline
443
Is it a Rigid or a Flexible Constitution
449
Amendment of English Matrimonial Law by courts of Equity
454
Observations upon both these Constitutions
455
Relations of Executive and Legislature in these Dutch
462
THE CONSTITUTION OF THE COMMONWEALTH OF Aus
468
INAUGURAL LECTURE
475
Causes which induced Federation
477
Physical and racial conditions favouring Federation
483
Two leading types of Federal Government
489
Differences from the Federal systems of the United States
498
Interest attaching to the new Constitution of Australia
502
VALEDICTORY LECTURE
504
The House of Representatives
506
The Cabinet
513
railways and rivers
521
General comparison of the Australian Constitution with that
527
Its highly democratic character
539
Probable prominence of Economic questions
545
Future relations of Australia to Britain
551

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Stran 370 - of the federal system to the great area of the Union, where ' society will be broken into so many parts, interests, and classes of citizens, that the rights of individuals or of the minority will be in little danger from interested combinations of the majority 1 .' 8. Another source of trouble is disclosed by the rash
Stran 522 - no alteration diminishing the proportionate representation of any State in either House of the Parliament, or the minimum number of representatives of a State in the House of Representatives, or increasing, diminishing or otherwise altering the limits of the State, shall become law unless the majority of the electors voting in that State approve the proposed law
Stran 370 - be not perfect, it is at least excellent. It unites in an eminent degree all the advantages the union of which was to be wished for. . . . The process of election affords a moral certainty that the office of President will never fall to the lot of any one who is not in an eminent degree endowed with the requisite
Stran 491 - which their local opinion did not approve. Section 107 provides that— ' Every power of the Parliament of a Colony which has become or becomes a State shall, unless it is by this Constitution exclusively vested in the Parliament of the Commonwealth or withdrawn from the Parliament of the State, continue as at the establishment of the Commonwealth, or as at the admission or establishment of the State
Stran 371 - measures of our past administration; that he is crafty and persevering in his objects; that he is not scrupulous about the means of success, nor very mindful of truth ; and that he is a contemptible hypocrite. But, &c.' (Letter to James A. Bayard, Jan.
Stran 87 - Siculi hoc iure sunt ut, quod civis cum cive agat, domi certet suis legibus; quod Siculus cum Siculo non eiusdem civitatis, ut de eo praetor iudices sortiatur '; In Verrem, ii. 13, 32.
Stran 477 - of coloured races (especially Chinese, Malays, and Indian coolies). The gain to suitors from the establishment of a High Court to entertain appeals and avoid the expense and delay involved in carrying cases to the Privy Council in England. The probability that money could be borrowed more easily on the credit of
Stran 496 - sect. 2 of the Constitution. But the State Courts remain quite independent in all State matters, and determine the interpretation of the State Constitutions and of all State statutes, nor does any appeal lie from them to the Federal Courts. In Canada this was not thought necessary, so there the same set of Courts
Stran 37 - Finance was the standing difficulty of the Roman as it is of the Anglo-Indian administrator. Indeed, the Roman Empire may be said to have perished from want of revenue. Heavy taxation, and possibly the exhaustion of the soil, led to the abandonment of farms, reducing the rent derivable from the land. The terrible
Stran 108 - 1 In Lithuania the rule was that where no express provision could be found governing a case, recourse should be had to 'the Christian laws.' Speaking generally, one may say that it was by and with Christianity that Roman law made its way in the countries to the east of Germany and to the north of the Eastern Empire.

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