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.
Clubs in England began to consider the question of legislation, and to improve their greens.
Charles opened a small business as an apothecary in Dublin, and between 1735 and 1741 he began his career as a pamphleteer by publishing papers on professional matters which led to legislation requiring inspection of drugs.
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.
In default of legislation the necessary measures are taken by decree of the head of the state; these decrees having the force of law.
- 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.
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 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.
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 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.
It is needless to say that he protested against the ecclesiastical legislation of 1867 and 1873.
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.
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 legislation marks another step forward.
By which the pope gave up the right of hearing appeals from France was not many years before the legislation of Henry VIII.
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.