The Fundamental Concepts of Public Law |
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Page 13
... example , are founded upon the doctrine that all political right and all legal legitimacy may be traced back to a delegation of authority by the governed , or by a substantial portion of them , and from this premise also important ...
... example , are founded upon the doctrine that all political right and all legal legitimacy may be traced back to a delegation of authority by the governed , or by a substantial portion of them , and from this premise also important ...
Page 16
... example , Brie , in his Theorie der Staatenverbindungen uses the term to express the ideally perfect State , that is , one possessing and itself directly exercising all the powers that properly belong to a State , rather than the ...
... example , Brie , in his Theorie der Staatenverbindungen uses the term to express the ideally perfect State , that is , one possessing and itself directly exercising all the powers that properly belong to a State , rather than the ...
Page 24
... example , can doubt that Stephen A. Douglas obtained much sup- port for his doctrine regarding slavery in the territories by endowing it with the seductive title " popular sover- eignty . " So , too , it is not unreasonable to believe ...
... example , can doubt that Stephen A. Douglas obtained much sup- port for his doctrine regarding slavery in the territories by endowing it with the seductive title " popular sover- eignty . " So , too , it is not unreasonable to believe ...
Page 33
... example , a slave so far as he is treated as the property of his master , or a serf , so far as he is bound to serve his superior , is viewed as a thing . So also in a legal action to recover damages for injuries to a wife or child or ...
... example , a slave so far as he is treated as the property of his master , or a serf , so far as he is bound to serve his superior , is viewed as a thing . So also in a legal action to recover damages for injuries to a wife or child or ...
Page 38
... example , is the case when a guardian acts as the legal representative of his ward , or when the parent acts for his child , or in fact , in all those cases in which the natural person , though recognized as a juristic person , is not ...
... example , is the case when a guardian acts as the legal representative of his ward , or when the parent acts for his child , or in fact , in all those cases in which the natural person , though recognized as a juristic person , is not ...
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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.