Studies in History and Jurisprudence

About this eBook

Author

Bryce, James Bryce, Viscount, 1838-1922

Title

Studies in history and jurisprudence, volume 1 (of 2)

Original Publication

Oxford: Clarendon Press, 1901.

Credits

Tim Lindell and the Online Distributed Proofreading Team at www.pgdp.net (This file was produced from images generously made available by The Internet Archive/Canadian Libraries)

Language

English

LoC Class

K: Law in general, Comparative and uniform law, Jurisprudence

Subject

Constitutional history

Category

Text

Project Gutenberg

eBook-No. 78300

Release Date

March 26, 2026

Copyright

Public domain in the USA.

Contents

1. 1.STUDIES IN HISTORY AND JURISPRUDENCE
2. 2.PREFACE
3. 3.CONTENTS
4. 4.I THE ROMAN EMPIRE AND THE BRITISH EMPIRE IN INDIA
5. 5.II THE EXTENSION OF ROMAN AND ENGLISH LAW THROUGHOUT THE WORLD — I. The Regions covered by Roman and English Law. — II. The Diffusion of Roman Law by Conquest. — III. The Establishment of One Law for the Empire. — IV. The Extension of Roman Law after the Fall of the Western Empire. — V. The Diffusion of English Law. — VI. English Law in India. — VII. The Working of the Indian Codes. — VIII. Comparison of the Roman Law with English Law in India. — IX. The Future of English Law in India. — X. Present Position of Roman and English Law in the World.
6. 6.III FLEXIBLE AND RIGID CONSTITUTIONS [56] — I. The Constitutions of Rome and England. — II. The Traditional Classification of Constitutions. — III. A Proposed New Classification of Constitutions. — IV. The Origin of Flexible Constitutions. — V. The Strength and Weakness of Flexible Constitutions. — VI. Aristocracies and Flexible Constitutions. — VII. The Influence of Constitutions on the Mind of a Nation. — VIII. Capacity of Constitutions for Territorial Expansion. — IX. The Origin of Rigid Constitutions. — X. The Enactment and Amendment of Rigid Constitutions. — XI. The Definiteness of Rigid Constitutions. — XII. The Stability of Rigid Constitutions. — XIII. The Interpretation of Rigid Constitutions. — XIV. Democracies and Rigid Constitutions. — XV. The Future of the Flexible and Rigid Types. — XVI. Are New Constitutions Likely to Arise? — NOTE TO ESSAY III
7. 7.IV THE ACTION OF CENTRIPETAL AND CENTRIFUGAL FORCES ON POLITICAL CONSTITUTIONS [97] — I. How the Tendencies to Aggregation and to Disjunction respectively affect Constitutions. — II. Tendencies which may operate either as Centripetal or as Centrifugal Forces. — III. How Constitutions may use the Centripetal Forces to promote National Unity. — IV. How Constitutions may Reduce or Regulate the Centrifugal Forces. — V. Illustrations from Modern History of the Action of Constitutions. — VI. The probable Action of the Aggregative and the Disjunctive Tendencies in the Future.
8. 8.V PRIMITIVE ICELAND
9. 9.VI THE UNITED STATES CONSTITUTION AS SEEN IN THE PAST — I. The United States at the Adoption of the Constitution. — II. Predictions of the Opponents and Advocates of the Constitution. — III. Criticism of the Predictions of 1788. — IV. Tocqueville and his Book. — V. Tocqueville’s View of the United States. — VI. Tocqueville’s Impressions and Prophecies. — VII. Examination of Tocqueville’s Views. — VIII. Concluding Summary.
10. 10.VII TWO SOUTH AFRICAN CONSTITUTIONS [189] — I. The Conditions under which these Constitutions arose. — II. Constitution of the Orange Free State. — III. Constitution of the South African Republic. — IV. Observations on the character and working of both Constitutions.
11. 11.VIII THE CONSTITUTION OF THE COMMONWEALTH OF AUSTRALIA — I. Introductory. — II. The Movement for Federation. — III. The Causes which brought about Federation. — IV. The Conditions for a Federal Commonwealth. — V. The Constitution as a Federal Instrument. — VI. Distribution of Powers between Nation and States. — VII. Constitutional Position of the Australian States. — VIII. Differences from the United States and Canadian Federations. — IX. The Constitution as a Frame of National Government. — X. The Legislature. — XI. The Executive. — XII. The Judiciary. — XIII. Working of the Frame of Government. The Cabinet. — XIV. Provisions against Deadlocks. — XV. Relations of the Two Houses. — XVI. Miscellaneous Provisions. — XVII. Amendment of the Constitution. — XVIII. Relations of the Australian Commonwealth to the Crown. — XIX. Comparison with the Constitutions of the United States and Canada. — XX. General Observations on the Constitution. — XXI. Modern and Democratic Character of the Australian Constitution. — XXII. Political Party in Australia. — XXIII. Political Issues likely to arise in Australia. — XXIV. Possible Entrance of New States. — XXV. Future Relations of the Australian Commonwealth to Britain.

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