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