Political Science

New PDF release: A companion to analysis

Posted On April 19, 2018 at 7:34 am by / Comments Off on New PDF release: A companion to analysis

By Korner T.W.

ISBN-10: 0821833758

ISBN-13: 9780821833759

ISBN-10: 0821834479

ISBN-13: 9780821834473

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First, privilege must not be used in a way that shields legislators from the people. In a system of popular sovereignty, the people are the master of their legislative servants—the servants have no right to erect legal procedures to protect themselves from the 18 Introduction displeasure of their master. But it must be noted that the people are sovereign only in their collective capacity—individual persons may interfere with the collective sovereignty of the people if those persons are allowed to distract legislators who are meant to be conducting the people’s business.

By looking at what is included and what is rejected. Because of this dialectic, a project, such as this one, that seeks to work on both sides of the line separating legal analysis from political theory— that is, which seeks to integrate a discussion of what the law is with a discussion of what fundamental principles underlie it—can only address the British Constitution via a distinctly common-law type of reasoning. In other words, the interpreter must seek to derive the general principles from the positive analysis.

In a similar case in 1675, a different Thomas Shirley—not an MP—won a suit against Sir John Fagg—who was a Member of the House of Commons— in the Court of Chancery. In the normal course of appeals, the case came before the House of Lords, and Fagg was served with an order to respond to Shirley’s petition before that body. ∞∂ When the Commons’ messenger appeared in the assembly hall of the Lords seeking to serve the Speaker’s warrant on Shirley, Lord Mohoun seized the warrant from him. The Commons, outraged, issued another warrant for Shirley’s arrest and demanded that the Lords punish Mohoun.

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A companion to analysis by Korner T.W.


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