Contents.

Competing claims of public interests and private rights.

Liberty of the subject as connected with Criminal Law ad-

xxi

PAGE

426

Danger to private rights from a highly-organised police

448

Trial by jury

Requirement of unanimity of juries

Oral examination of prisoners.

Liberty of the subject as connected with Civil Law adminis-

tration

450

451

455

Injury to private rights from the expensiveness of law

Legislative invasions of private liberty on behalf of public

455

Consequences of trespasses by the State on personal liberty 461

CHAPTER V.

CONCLUSION.

Presence of dynamical as well as statical elements in the Con-

Directions of recent Constitutional change.

Forces outside Parliament

Necessity of diffused education to guard the exercise of dif-

Danger to the principles of the Constitution from the

mechanism of government

PAGE

464

464

466

467

.

468

468

. 471

ANALYSIS.

CHAPTER I.

THE CONSTITUTION AND ITS MOVEMENTS.

Nature and elements of the Inquiry.

Necessity of studying institutions in their working, development,

and mutual dependence.

Moral as well as legal elements in the Constitution.

Sources of information as to its variable elements:

Acts of Parliament,

Judicial decisions,

Current interpretations of acknowledged principles, as shown

in

deliberate utterances of statesmen,

comments of scientific writers,

manifestations of popular feeling,

reports of executive acts and their reception by Parliament and the public.

Organic unity of the Constitution.

Necessity of treating every part of it in its relation to all the other parts.

CHAPTER II.

THE HOUSES OF PARLIAMENT.

SECTION I-COMPOSITION

AND MUTUAL RELATIONS OF THE
HOUSES.

Parliament the organ of Constitutional change.
The two Assemblies one Legislature.

THE HOUSE OF LORDS:

as a Judicial Body:

Appellate Jurisdiction Act of 1876.
Incidental creation of Life Peers by the Act.

as a Legislative Body:

Contest with the Commons on Paper Duties Repeal.
Indirect initiation of money grants by the Lords.
Contest with the Government on Army Purchase.

THE HOUSE OF COMMONS:

Notions of representation.

Transition from class representation to individual representa

tion.

The Ballot Act.

The Parliamentary Elections Act.

Modern controversies as to the functions of Representatives :

1. Delegacy and Pledges.

2. Representation of Minorities.

Political Associations.

Party Government :

1. Its historic origin.

2. Its foundation in nature.

3. Its political expediency.

SECTION. II.-PRIVILEGES AND ORDER OF Proceedings.

Avenues of communication between the House and the public:

Petitions.

Publication of Proceedings.

Exclusion of Strangers.

Disciplinary powers of the House :

Right of the House to sentence for contempt.

Obstruction.

General conduct of business in the House:

Competing claims of Government and private members:

The half-past twelve rule.

Private Bills: Their scope and importance.

Procedure as to private bills.

1

Analysis.

Supply:-Four stages of procedure :-
(1.) Committee of Supply.

(2.) Committee of Ways and Means.
(3.) The Appropriation Bill.

(4.) Committee of Public Accounts.

Procedure of the House of Lords.

XXV

SECTION III-HOME LEGISLATION.

1. Removal of religious disqualifications:-
:-

Emancipation of Catholics, Protestant Dissenters, and Jews.
Disestablishment of the Irish Church.

Abolition of Church-rates.

Abolition of University Tests.

Abolition of Ecclesiastical Courts of Probate and Divorce.
Institution of Civil Marriages.

2. Readjustment of Endowments and Charters :-
(1.) Ecclesiastical and Religious Foundations:
The Established Church.

Dissenting sha

(2.) Educational Institutions :

{

University Reform.

Endowed Schools Reform.

(3.) Endowed Charities.

(4.) Municipal Corporations.

3. Economic Legislation, bearing on :

(1.) The Bank of England and other Banks.

(2.) Public Companies.

(3.) Railways.

(4.) Factories.

(5.) Taxation and the National Debt.

4. Fresh delimitations of Central and Local Government :

The Parish and the Union.

Police.

Public Health.

County Administration.

Municipal Corporations.

Education.