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Contents. xix


Apathy of Parliament as to foreign affairs after 1815 . . 3(13

Absorption in home legislation 364

Doctrine of non-intervention 365

Eecent revival of interest in foreign policy 367

The Eastern Question 367

Claims of Parliament on the Government as urged by the

Opposition 370

Bisk of Ministerial acquiescence in a policy dictated by the

Sovereign 371

Risk of the acquiescence of the Cabinet in a policy dictated

by a single Minister 372

Necessity of providing safeguards against such risks . . 373

Light thrown on these topics by the Constitutional contro-

versies of 1876-1879 373

Purchase of the Suez Canal Shares . . . . . 375

Bill for the assumption by the Queen of a new title in India . 375

Action of the Government after the Treaty of San Stefano . 370

Retirement of Lord Carnarvon and Lord Derby . . 376

Despatch of native Indian troops to Malta .377

The Berlin Congress and the Cyprus Convention. . . . 377

The Mission to Afghanistan 378

Proclamation of the Queen as ' Empress of India' . . . 380

Restrictions placed on the Indian Vernacular Press. . . 380

View of England as an Asiatic Power 381

Expenditure in support of the policy pursued .... 382

Liabilities of the country nnder the Cyprus Convention . . 383

Liabilities incurred by the purchase of the Suez Canal Shares 384

Assumption of these responsibilities without the advice of

Parliament . . .' 384

Attempt to exclude Parliament from the choice of the Royal

Title . 384

Legal and Constitutional aspects of the movement of Indian

troops to Europe 385

Practice of consulting Parliament in reference to the making

of treaties and the declaration of war .... 387

Legitimate use of the Royal Prerogative in cases of emer-

gency 387

Recent practice in this respect 388

Duties of Government to Parliament in respect of financial

affairs 381)

Supplementary budgets 390

Practice of raising money by loan 3U0

Absence of any Parliamentary check on such financial under-

takings as the purchase of the Suez Canal Shares . . 391

Insufficiency of Parliamentary checks on Army and Navy Ad-

ministration 391

Prerogative of the Crown in Colonial Administration . . 392

Growth of the Colonies in political importance . . . . 393

Extension of Parliamentary control over the Colonies . . 394

The Indian Councils Act 395

System of powers and checks provided by the Act . . . 397

Ineffectual opposition of the Indian Councils to recent acts of

the Executive 398

Yearly statement of Indian finance required by Parliament . 399

Communication required by Parliament as to the commence-

ment of hostilities by the Indian Government . . . 400

Extension of the Prerogative in India 400

Organisation of Government in Hudson's Bay . . . . 403

Annexation of Fiji 404

Annexation of the Transvaal 405

Grounds alleged for the annexation of the Transvaal . . 405

'Imperialism' . . . .' 408

Professor Maurice on the Nation and the Empire . . . 409

Lord Carnarvon on Imperial Administration . . . . 410

Eight of the Crown to alienate British territory by exercise

of the Prerogative 413

Position of the Governors of Crown Colonies . . . . 415

Duties of the Colonial Secretary 418

Case of Sir Bryan O'Loghlen 418

Lord Lorne and the Lieutenant-Governor of Quebec . .419

Memorial of the Colonists of Natal against confederation

without consent of the Legislature 420


Liberty Of The Subject.

Popular idea of the liberty of the subject .... 422

Liberty of the subject protected against encroachments of the

Executive by Courts of Law 423

Difficulty of assigning limits to legislative encroachments on

the liberty of the subject 423

Despotic tendencies of democratic Legislatures . . . . 424

Contents. xxt


Competing claims of public interests and private rights . . 426

Liberty of the subject as connected with Criminal Law ad-

ministration 427

Appointment of Stipendiary Magistrates 428

Inefficiency of an unpaid magistracy ..... 429

Multiplication of offences classed as crimes . . . , 431

Summary jurisdiction of magistrates . . . . . 432

Possible miscarriage of justice under the system . . . 433

Reorganisation of Criminal Courts 434

Practice of appeal to the Home Secretary 435

Criminal punishments . . . 43<i

Flogging as a criminal punishment 437

Definition of crimes 439

Treason and treason-felony 440

Definition of murder 441

The law of conspiracy 442

Responsibility of judicial officers to Courts of Justice . . 443

Police organisation 446

Multiplication of police officials 446

Danger to private rights from a highly-organised police . . 448

Trial by jury 449

Requirement of unanimity of juries 460

Oral examination of prisoners 451

Liberty of the subject as connected with Civil Law adminis-

tration 455

Debt 455

Injury to private rights from the expensiveness of law . . 455

Legislative invasions of private liberty on behalf of public

interests 456

Vaccination Laws 457

Lunacy Laws 458

Corporal inflictions or violations under the sanction of the

State 459

Consequences of trespasses by the State on personal liberty . 461



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

stitution 462

Recent history as an exponent of Constitutional Law . . 463



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:—

I Acts of Parliament,

I Judicial decisions,

I Cnrrent interpretations of acknowledged principles, as shown
I 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.



Section I.—Composition And Mutual Relations Op The

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

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