Publisher's Synopsis
This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1872 edition. Excerpt: ...in an irregular manner, of capital "punishment on the Archduke of Austria? Is it not more "logical and humane to mould the use of discretional power "to the fundamental principles of a Constitution for which "the Republic has fought, and does not wish to look upon "as a dead letter? "The fundamental laws deserve such reverence and "respect, that even in the exercise of that power with which "Governments are at times invested, it is considered, by "distinguished publicists, that they cannot be interfered "with. This is the opinion of Vattel, who says: --"' It essentially belongs to society to make laws, "' both in relation to the manner in which it desires to be "' governed, and to the conduct of its citizens: --this is "' called legislative power. The nation may intrust the "' exercise of it to the prince, or to an assembly; or to "' that assembly and to the prince jointly, who have then a "' right to make new laws and to repeal old ones. It is "' asked whether their power extends to the fundamental "' laws--whether they may change the Constitution of the "' State? "' The principles we have laid down lead us to decide, 'with certainty, that the authority of these legislators "' does not extend so far, and that they ought to consider "' the fundamental laws as sacred, if the nation has not in "' very express terms given them power to change them. THE LAW OF THE 25/A OF JANUARY, 1862. 131 "' For the Constitution of the State ought to possess sta"' bility; and since that was first established by the "' nation, which afterwards intrusted certain persons with "' the legislative power, the fundamental laws...
