CONTENTS:
PUBUSHER's NOTE;
FOREWORD;
I;
II;
PREFACE TO THE FIRST EDITION;
PREFACE TO THE EIGHTH EDITION;
ANALYSIS OF INTRODUCTION;
INTRODUCTION;
AIM;
SOVEREIGNTY OF PARLIAMENT7;
POSSIBLE CHANGE IN CONSTITUTION OR CHARACTER OF THE PARLIAMENTARY SOVEREIGN (EFFECT OF THE PARLIAMENT ACT, 1911);
THE STATE OF THINGS IMMEDIATELY BEFORE THE PASSING OF THE PARLIAMENT ACT;
THE DIRECT EFFECTS OF THE PARLIAMENT ACT12;
PRACTICAL CHANGE IN THE AREA OF PARLIAMENTARY SOVEREIGNTY (RELATION OF THE IMPERIAL PARLIAMENT TO THE DOMINIONS21);
First Question;
Rule 1;
Rule 2;
Rule 3;
Rule 4;
Second Question;
THE RULE OF LAW44;
DECLINE IN REVERENCE FOR RULE OF LAW;
Legislation;
Distrust of Judges and of Courts;
Lawlessness;
COMPARISON BETWEEN THE PRESENT OFFICIAL LAW OF ENGLAND AND THE PRESENT DROIT ADMINISTRATIF OF FRANCE53;
CONVENTIONS OF THE CONSTITUTION63;
FIRST QUESTION;
ANSWER;
MERE CONVENTIONS;
ENACTED CONVENTIONS;
SECOND QUESTION;
ANSWER;
THIRD QUESTION;
ANSWER;
DEVELOPMENT DURING THE LAST THIRTY YEARS OF NEW CONSTITUTIONAL IDEAS;
TWO GENERAL OBSERVATIONS;
First Observation;
Second Observation;
CRITICISM OF EACH OF THE FOUR NEW CONSTITUTIONAL IDEAS82;
Woman Suffrage;
The Causes;
The Main Lines of Argument;
First Argument;
Answer;
Second Argument;
Answer;
Proportional Representation86;
First Proposition;
Second Proposition;
Third Proposition;
Objections to the Third Proposition;
Second Objection;
Third Objection;
Federalism93;
Leading Characteristics of Federal Government96;
The Characteristics of Federal Government in Relation to Imperial Federalism;
Characteristics of Federal Government in Relation to Home Rule All Round;
The Referendum108;
The Causes;
The Main Argument Against the Referendum;
The Main Argument in Favour of the Referendum;
CONCLUSIONS;
OUTLINE OF SUBJECT;
THE TRUE NATURE OF CONSTITUTIONAL LAW;
PART I: THE SOVEREIGNTY OF PARLIAMENT;
Chapter I: THE NATURE OF PARLIAMENTARY SOVEREIGNTY;
NATURE OF PARLIAMENTARY SOVEREIGNTY;
Unlimited Legislative Authority of Parliament;
The Absence of Any Competing Legislative Power;
ALLEGED LEGAL LIMITATIONS ON THE LEGISLATIVE SOVEREIGNTY OF PARLIAMENT;
DIFFICULTIES AS TO THE DOCTRINE OF PARLIAMENTARY SOVEREIGNTY;
Chapter II: PARLIAMENT AND NON-SOVEREIGN LAW-MAKING BODIES;
CHARACTERISTICS OF SOVEREIGN PARLIAMENT;
CHARACTERISTICS OF NON-SOVEREIGN LAW-MAKING BODIES;
Subordinate Law-making Bodies;
Foreign Non-sovereign Legislatures;
Chapter III: PARLIAMENTARY SOVEREIGNTY AND FEDERALISM;
PART II: THE RULE OF LAW;
Chapter IV: THE RULE OF LAW: ITS NATURE AND GENERAL APPLICATIONS;
Chapter V: THE RIGHT TO PERSONAL FREEDOM;
REDRESS FOR ARREST;
WRIT OF HABEAS CORPUS8;
Nature of Writ;
The Habeas Corpus Acts;
Suspension of the Habeas Corpus Act;
An Act of Indemnity;
Chapter VI: THE RIGHT TO FREEDOM OF DISCUSSION;
Chapter VII: THE RIGHT OF PUBLIC MEETING1;
FIRST LIMITATION;
SECOND LIMITATION;
Chapter VIII: MARTIAL LAW;
Chapter IX: THE ARMY1;
THE STANDING ARMY;
A SOLDIER'S POSITION AS A CITIZEN;
A SOLDIER'S POSITION AS A MEMBER OF THE ARMY;
THE TERRITORIAL FORCE;
Chapter X: THE REVENUE1;
SOURCE OF PUBLIC REVENUE;
AUTHORITY FOR EXPENDING REVENUE;
SECURITY FOR THE PROPER APPROPRIATION OF THE REVENUE;
Chapter XI: THE RESPONSIBILITY OF MINISTERS;
Chapter XII: RULE OF LAW COMPARED WITH DROIT ADMINISTRATIF1;
FIRST PERIOD: NAPOLEON AND THE RESTORATION, 1800–1830;
SECOND PERIOD: THE ORLEANS MONARCHY AND THE SECOND EMPIRE 1830–187030;
THIRD PERIOD: THE THIRD REPUBLIC, 1870–1908;
The Period of Unnoticed Growth, 1800–18 (Période D'élaboration Secréte);
The Period of Publication, 1818–60 (Période de Divulgation);
The Period of Organisation, 1860–1908 (Période d'Organisation);
Chapter XIII: RELATION BETWEEN PARLIAMENTARY SOVEREIGNTY AND THE RULE OF LAW;
PART III: THE CONNECTION BETWEEN THE LAW OF THE CONSTITUTION AND THE CONVENTIONS OF THE ONSTITUTION;
Chapter XIV: NATURE OF CONVENTIONS OF CONSTITUTION;
Chapter XV: THE SANCTION BY WHICH THE CONVENTIONS OF THE CONSTITUTION ARE ENFORCED;
APPENDIX;
Note I: RIGIDITY OF FRENCH CONSTITUTIONS;
Note II: DIVISION OF POWERS IN FEDERAL STATES;
THE UNITED STATES;
THE SWISS CONFEDERATION;
THE CANADIAN DOMINION;
THE COMMONWEALTH OF AUSTRALIA;
THE GERMAN EMPIRE;
Note III: DISTINCTION BETWEEN A PARUAMENTARY EXECUTIVE AND A NON-PARLIAMENTARY EXECUTIVE;
Note IV: THE RIGHT OF SELF-DEFENCE;
FIRST THEORY;
SECOND THEORY;
Note V: QUESTIONS CONNECTED WITH THE RIGHT OF PUBLIC MEETING;
DOES THERE EXIST ANY GENERAL RIGHT OF MEETING IN PUBLIC PLACES?;
WHAT IS THE MEANING OF THE TERM “AN UNLAWFUL ASSEMBLY”?;
WHAT ARE THE RIGHTS OF THE CROWN OR ITS SERVANTS IN DEALING WITH AN UNLAWFUL ASSEMBLY?;
WHAT ARE THE RIGHTS POSSESSED BY THE MEMBERS OF A LAWFUL ASSEMBLY WHEN THE MEETING IS INTERFERED WITH OR DISPERSED BY FORCE?;
Note VI: DUTY OF SOLDIERS CALLED UPON TO DISPERSE AN UNLAWFUL ASSEMBLY;
Note VII: THE MEANING OF AN “UNCONSTITUTIONAL” LAW;
Note VIII: SWISS FEDERALISM89;
THE FEDERAL COUNCIL;
THE FEDERAL ASSEMBLY;
THE FEDERAL TRIBUNAL92;
THE REFERENDUM99;
Note IX: AUSTRALIAN FEDERALISM101;
FEDERAL GOVERNMENT;
THE PARLIAMENTARY EXECUTIVE;
AMENDMENT OF THE CONSTITUTION;
MAINTENANCE OF THE RELATION WITH THE UNITED KINGDOM;
Note X: MARTIAL LAW IN ENGLAND DURING TIME OF WAR OR INSURRECTION121;
NATURE OF MARTIAL LAW;
CONCLUSIONS;
OTHER DOCTRINES WITH REGARD TO MARTIAL LAW;
The Doctrine of the Prerogative;
The Doctrine of Immunity151;
The Doctrine of Political Necessity or Expediency154;
Note XI: CONSTITUTION OF THE TRIBUNAL DES CONFLITS159;
Note XII: PROCEEDINGS AGAINST THE CROWN;
AS TO BREACH OF CONTRACT;
AS TO WRONGS;
Note XIII: PARLIAMENT ACT, 1911 [I & 2 Geo. 5. Ch. Ch. 13.];
INDEX.