The Fundamental Concepts of Public Law |
From inside the book
Results 1-5 of 86
Page vi
... pages was presented in 1923 to the students of the University of Calcutta in a course of lectures given by the author as Tagore Law Professor for that year . CONTENTS PART ONE FUNDAMENTAL CONCEPTS CHAPTER I. PAGE 1 4 vi PREFACE.
... pages was presented in 1923 to the students of the University of Calcutta in a course of lectures given by the author as Tagore Law Professor for that year . CONTENTS PART ONE FUNDAMENTAL CONCEPTS CHAPTER I. PAGE 1 4 vi PREFACE.
Page 3
... course , is a merely provisional or general definition of a State . Its more precise definition will be the outcome of the discussions con- tained in this volume . civilized world . These phenomena it deals with descrip- tively 3 ...
... course , is a merely provisional or general definition of a State . Its more precise definition will be the outcome of the discussions con- tained in this volume . civilized world . These phenomena it deals with descrip- tively 3 ...
Page 5
... course , political groups . Under the third class of bodies - politic as enumerated above may be grouped political parties and insurrec- tionary and revolutionary organizations . In so far as a group of individuals place themselves in ...
... course , political groups . Under the third class of bodies - politic as enumerated above may be grouped political parties and insurrec- tionary and revolutionary organizations . In so far as a group of individuals place themselves in ...
Page 12
... course , each constitutional system has its own special doctrines as regards the organs of government that are to exist , and the legal powers that are to be severally allotted to them . Viewed in the abstract , the constitutional ...
... course , each constitutional system has its own special doctrines as regards the organs of government that are to exist , and the legal powers that are to be severally allotted to them . Viewed in the abstract , the constitutional ...
Page 14
... course , it is proper that the logical inter - consistency of these propositions should be examined . But it would be a fruitless inquiry to attempt to determine whether or not , as purely abstract propositions , they are true or false ...
... course , it is proper that the logical inter - consistency of these propositions should be examined . But it would be a fruitless inquiry to attempt to determine whether or not , as purely abstract propositions , they are true or false ...
Contents
59 | |
68 | |
74 | |
81 | |
97 | |
105 | |
112 | |
116 | |
122 | |
129 | |
144 | |
151 | |
158 | |
166 | |
173 | |
180 | |
188 | |
194 | |
202 | |
205 | |
206 | |
211 | |
218 | |
225 | |
242 | |
249 | |
322 | |
329 | |
335 | |
336 | |
343 | |
351 | |
357 | |
364 | |
370 | |
377 | |
384 | |
386 | |
394 | |
406 | |
413 | |
429 | |
436 | |
442 | |
448 | |
454 | |
465 | |
473 | |
481 | |
486 | |
495 | |
Other editions - View all
Common terms and phrases
Act of Parliament action adopted aliens allegiance amendment American applied asserted Austin authority bodies-politic British central government character civil claim command common conception Confederacy Confederation Congress consent constitutional law constitutionally created declared deemed definite determine distinction doctrine eignty enforce entity eral ereign ereignty ernment essential established executive exercise existence express fact facto Federal Constitution force foreign German Empire held independent individual instrument of government international law Jellinek judicial jure jurisdiction jurisprudence juristic juristic person Justice legal right legislative legislature lex fori limits local government areas matter ment municipal law nature non-sovereign obligations Parliament persons political positive law possession principle proposition provisions public law question recognition recognized regarded relations resident rules says sense sover sovereign sovereign power sovereignty speaking Staat status Supreme Court term ternational territory theory tion tional treaty tribe Union United unity validity
Popular passages
Page 287 - International law is part of our law, and must be ascertained and administered by the courts of justice of appropriate jurisdiction, as often as questions of right depending upon it are duly presented for their determination.
Page 52 - Constitution, but it may be not unreasonably said that the preservation of the States and the maintenance of their governments are as much within the design and care of the Constitution as the preservation of the Union and the maintenance of the national Government. The Constitution, in all its provisions, looks to an indestructible Union, composed of indestructible States.
Page 214 - ... and I hereby command the persons composing the combinations aforesaid to disperse, and retire peaceably to their respective abodes within twenty days from this date.
Page 339 - The jurisdiction of the nation within its own territory is necessarily exclusive and absolute. It is susceptible of no limitation not imposed by itself. Any restriction upon it, deriving validity from an external source, would imply a diminution of its sovereignty to the extent of the restriction, and an investment of that sovereignty to the same extent in that power which could impose such restriction.
Page 250 - The entire strength of the nation may be used to enforce in any part of the land the full and free exercise of all national powers and the security of all rights entrusted by the Constitution to its care. The strong arm of the national government may be put forth to brush away all obstructions to the freedom of interstate commerce or the transportation of the mails.
Page 213 - In doing this there needs to be no bloodshed or violence ; and there shall be none, unless it be forced upon the national authority. The power confided to me will be used to hold, occupy, and possess the property and places belonging to the government...
Page 109 - 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 365 - Castine, the enemy acquired that firm possession which enabled him to exercise the fullest rights of sovereignty over that place. The sovereignty of the United States over the territory was, of course, suspended, and the laws of the United States could no longer be rightfully enforced there, or be obligatory upon the inhabitants who remained and submitted to the conquerors.
Page 213 - I therefore consider that, in view of the Constitution and the laws, the Union is unbroken; and to the extent of my ability I shall take care, as the Constitution itself expressly enjoins upon me, that the laws of the Union be faithfully executed in all the States.
Page 61 - A PORTION of mankind may be said to constitute a Nationality if they are united among themselves by common sympathies which do not exist between them and any others — which make them co-operate with each other more willingly than with other people, desire to be under the same government, and desire that it should be government by themselves or a portion of themselves exclusively.