Rafferty in Journal of the Society of Comparative Legislation, New Series, xvii., xx.
It is thus different from legal fiction, by which a new rule is introduced surreptitiously, and under the pretence that no change has been made in the law, and from statutory legislation, in which the obligatory force of the rule is not supposed to depend upon its intrinsic fitness.
- Jeremy Bentham, An Introduction to the Principles of Morality and Legislation; Henry Maine, Ancient Law; C. B.
The discredit attaching to bowling alleys, first established in London in 1455, probably encouraged subsequent repressive legislation, for many of the alleys were connected with taverns frequented by the dissolute and gamesters.
The influence of such legislation on unsettled immigrant labourers may be seen in the number of Italians who periodically migrate from Argentina to Brazil, and vice versa, seeking to better their condition.
Unfortunately, in no part of the Spanish oversea possessions did the restrictive legislation of the home government operate more harshly or disadvantageously to the interests of the colony; it was a more effective hindrance to the development of its resources and the spread of civilization over the country, than the hostility of the Indians.
Spanish legislation was not satisfied with endeavouring to exclude all European nations except Spain from trading with the West Indies, but it sought to limit all commerce to one particular route, and it forbade any trade being transacted by way of the river Plate, thus enacting the most flagrant injustice towards the people it had encouraged to settle in the latter country.
All his acts were opposed, legislation was at a standstill and every effort was made to force Dr Saenz Pena to resign.
- Although the legal basis for the final stage is found in the legislation of the time of Moses (latter part of the second millennium B.C.), it is in reality scarcely earlier than the 5th century B.C., and the Jewish theory finds analogies when developments of the Levitical service are referred to David (I Chron.
In the older legislation, however, we already meet with a seven years' period in more than one connexion.
Taking the states as a whole, agrarian legislation has been the most important subject that has engrossed the attention of their parliaments, and every state has been more or less engaged in tinkering with its land laws.
The main object of all such legislation is to secure the residence of the owners on the land.
The objection to admitting immigrants was not only to the Chinese, but extended to all Asiatics; but as a large proportion of the persons whose entrance into the colonies it was desired to stop were British subjects, and the Imperial government refused to sanction any measure directly prohibiting in plain terms the movement of British subjects from one part of the empire to another, resort was made to indirect legislation; this was the more advisable, as the rise of the Japanese power in the East and the alliance of that country with Great Britain rendered it necessary to pay attention to the susceptibilities of a powerful nation whose subjects might be affected by restrictive laws.
The efficacy of this legislation is in its administration, the language in which coloured aliens are usually tested being European.
Leading politicians have in all the states felt the cramping effects of mere domestic legislation, albeit on the proper direction of such legislation depends the wellbeing of the people; and to this sense of the limitations of local politics was due, as much as to anything else, the movement towards federation.
In accordance with this general verdict of all the states, the colonial draft bill was submitted to the imperial government for legislation as an imperial act; and six delegates were sent to England to explain the measure and to pilot it through the cabinet and parliament.
New South Wales was the first country which endeavoured to settle its labour grievances through the ballot-box and to send a great party to parliament as the direct representation of Labour, pledged to obtain through legislation what it was unable to obtain by strikes and physical force.
It supports the government as the power alone capable of promoting legislation, but its support is given only so long as the measures of the government are consistent with the Labour policy.
C.) Australian legislation in the closing years of the 19th century and the first decade of the 10th bore the most evident traces of the Labour party's influence.
(See also the articles Arbitration And Conciliation; Trade Unions; Labour Legislation.) Victoria was the pioneer in factory legislation, the first Victorian act of that character dating from 1873.
A similar system was introduced into South Australia by an act passed in 1900 amending the Factory Act of 1894, which was the first legislation of the sort passed in that state.
In Queensland, where the earliest factory legislation dates from 1896, keen parliamentary conflict raged round the pro posal in 1907 to introduce the special boards system for fixing wages.
In all this legislation one of the most hotly contested points was whether the arbitration court should be given power to lay it down that workers who were members of a trade union should be employed in preference to non-unionists.
The Commonwealth legislation thus made provision for the aged poor in the three states which up to 1908 had not accepted the principle of old age pensions, and also for those who, owing to their having resided in more than one state, were debarred from receiving pension in any.
Most of these ordinances were subsequently confirmed by parliament, and, "on the whole, this body of dictatorial legislation, abnormal in form as it is, in substance was a real, wise and moderate set of reforms."' His ordinances for the "Reformation of Manners," the product of the puritan spirit, had but a transitory effect.
It is probable that very little of this moral legislation was enforced in practice, though special efforts were made under the government of the major-generals.
It is probable, from the absence of evidence to the contrary, that much of this severe legislation was never executed, and it was without doubt Cromwell's restraining hand which moderated the narrow persecuting spirit of the executive.
Instead, however, of proceeding with the work of practical legislation, accepting the Instrument of Government without challenge as the basis of its authority, the parliament immediately began to discuss and find fault with the constitution and to debate about "Fundamentals."
Comparative Legislation, xix.
Next year he was returned to parlement by the arrondissement of Pontarlier; but the work of legislation was ill-suited to him.
Alcohol has undergone various oscillations, according to the legislation governing distilleries.
Labor legislation is backward in Italy, on account of the late development of manufacturing industry and of working-class organization.
Italian charity legislation was reformed by the laws of 1862 and 1890, which attempted to provide efficacious protection for endowments, and to ensure the application of the ir.come to the purposes for which it was intended.
The reign of this duke was long remembered as a period of internal prosperity, wise legislation and important public enterprise.
The French system of taxation was maintained because it brought in ampler revenues; but feudalism, the antiquated legislation and bureaucracy were revived, and all the officers and officials still living who had served the state before the Revolution, many of them now in their dotage, were restored to their posts; only nobles were eligible for the higher government appointments; all who had served under the French administration were dismissed pr reduced in rank, and in the army beardless scions of the aristocracy were placed over the, heads of war-worn veterans who had commanded regiments in Spain and Russia.
Legislation had to be entirely reformed, and the bill for abolIshing the special jurisdiction for the clergy (foro ecclesiastico) and other medieval privileges aroused the bitter opposition of the Vatican as well as of the Piedmontese clericals.
His ecclesiastical legislation, too, met with bitter opposition from the Church.
Numerically insufficient to reject such measures, and lacking the fibre and the cohesion necessary for the pursuance of a far-sighted policy, the Right thought prudent not to employ its strength in uncompromising opposition, but rather, by supporting the government, to endeavour to modify Radical legislation in a Conservative sense.
This last synod did something to systematize the criminal procedure of the Church, and its legislation has been always received.
This legislation marks another step forward.
34, 36, cited in Gaudry, Traite de la legislation des cultes, Paris, 1854, tom.
In Austria, the ancient ecclesiastical jurisdiction was taken away by various acts of legislation from 1781 to 1856; even voluntary jurisdiction as to dispensations.
The Concordat of 1856 and consequent legislation restored matrimonial jurisdiction to the courts Christian over marriages between Roman Catholics.
The Napoleonic legislation re-established the appel comme d'abus ("Articles organiques," art.
As the result of a long series of legislation, beginning with him and ending with Catherine II., all church property of every kind was transferred to secular administration, allowances, according to fixed scales, being made for ministers, monks and fabrics (op. cit.
Gaudry, Traite de la legislation des cultes (Paris, 1854); W.
The legislation on Mt Sinai (Horeb) which apparently occupies a very important place in tradition (Exod.
Moreover, the procedure of the Houses practically places the control of legislation in the hands of ministers.
No legislation by means of the budget is allowed, i.e.
When the results proved unsatisfactory, remedies were sought in increased administrative supervision, draconian legislation and severe punishment, and no attempt was made to get out of the vicious circle.