Introduction to the Study of the Law of the Constitution: Albert Venn Dicey [1915]

Albert Venn Dicey, Introduction to the Study of the Law of the Constitution [1915]

 Table of Contents:

 

  • CONTENTS
  • I
  • II
  • PREFACE TO THE FIRST EDITION
  • PREFACE TO THE EIGHTH EDITION
  • INTRODUCTION
  • AIM
  • SOVEREIGNTY OF PARLIAMENT
  • 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 ACT
  • PRACTICAL CHANGE IN THE AREA OF PARLIAMENTARY SOVEREIGNTY (RELATION OF THE IMPERIAL PARLIAMENT TO THE DOMINIONS)
  • First Question
  • Rule 1
  • Rule 2
  • Rule 3
  • Rule 4
  • Second Question
  • THE RULE OF LAW
  • 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 FRANCE
  • CONVENTIONS OF THE CONSTITUTION
  • 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 IDEAS
  • Woman Suffrage
  • The Causes
  • The Main Lines of Argument
  • First Argument
  • Answer
  • Second Argument
  • Answer
  • Proportional Representation
  • First Proposition
  • Second Proposition
  • Third Proposition
  • Objections to the Third Proposition
  • Second Objection
  • Third Objection
  • Federalism
  • Leading Characteristics of Federal Government
  • The Characteristics of Federal Government in Relation to Imperial Federalism
  • Characteristics of Federal Government in Relation to Home Rule All Round
  • The Referendum
  • 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 CORPUS
    • 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 ARMY
    • 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 ADMINISTRATIF
    • 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 CONSTITUTION
    • 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 TRIBUNAL
  • THE REFERENDUM
  • 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 Immunity
  • The Doctrine of Political Necessity or Expediency154
  • Note XI: CONSTITUTION OF THE TRIBUNAL DES CONFLITS
  • 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