The Fundamental Concepts of Public Law |
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Page v
... discussed . In the present volume will be considered only those fundamental concepts which are employed by jurists in dealing with the State . In Part One , the conclusions following from these fundamental concepts will be deductively ...
... discussed . In the present volume will be considered only those fundamental concepts which are employed by jurists in dealing with the State . In Part One , the conclusions following from these fundamental concepts will be deductively ...
Page 4
... discussed . For the present it is sufficient to say that a political group is one which is itself a State , an integral part of a State , or a group the members of which are united by some common purpose which directly relates to the ...
... discussed . For the present it is sufficient to say that a political group is one which is itself a State , an integral part of a State , or a group the members of which are united by some common purpose which directly relates to the ...
Page 37
... discussed , and the distinction between the State and its Government pointed out . It will also appear that all States permit themselves to be sued in the courts with reference to certain matters , that is , they are quoad hoc treated ...
... discussed , and the distinction between the State and its Government pointed out . It will also appear that all States permit themselves to be sued in the courts with reference to certain matters , that is , they are quoad hoc treated ...
Page 65
... discussed . In result , then , it becomes necessary that territory be regarded as an essential constituent element of a State , and must therefore appear in its definition . By some writers the jurisdiction which a State exercises over ...
... discussed . In result , then , it becomes necessary that territory be regarded as an essential constituent element of a State , and must therefore appear in its definition . By some writers the jurisdiction which a State exercises over ...
Page 68
... discussed in a later chapter.8 The Citizen Body of the State . In the same sense in which its territory is to be deemed an integral and consti- tutive element of a State , its citizens , subjects , or na- tionals are to be so regarded ...
... discussed in a later chapter.8 The Citizen Body of the State . In the same sense in which its territory is to be deemed an integral and consti- tutive element of a State , its citizens , subjects , or na- tionals are to be so regarded ...
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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.