The Constitutional Law of the Philippine Islands

Capa
Lawyers co-operative publishing Company, 1926 - 736 páginas
 

Índice

Written constitutions
11
Advantages and disadvantages of unwritten constitutions and written constitutions
13
Requisites of a good written constitution
15
Divisions of a written constitution
16
SECTION
18
CHAPTER 3
25
PART II
35
SECTION PAGE
40
English and American constitutional systems
46
The Commonwealth of Australia Act
53
Comparison of the Australian Constitution with
60
The Spanish Constitution
66
Albany Street Matter of 1834 11 Wend 149 25 Am Dec 618 386
71
The Cuban Constitution
77
The Mexican Constitution of 1917
86
CHAPTER 9
94
CHAPTER 23
99
CHAPTER 10
108
The Malolos Constitution
114
PART III
125
SECTION PAGE
126
CIVIL RIGHTS
129
Filipino influence
134
U S 1899 178 U S 304 44 L ed 1078 510
142
Purpose prior to SpanishAmerican War
147
Congressional control
153
The War Department and the Bureau of Insular
159
The right of the United States to cede
166
The right of the United States to declare
173
Résumé of the constitutional relations of
182
THE STATUS OF THE PHILIPPINES
185
Fonseca U S v 1911 20 Phil 191 557
190
Whether a state or territory of the United
193
The case of United States versus Bull
199
Status stated
208
Treaties of the United States
215
Resultant rules determinative of the Philip
221
SECTION PAGE 77 Philippine organic laws described
222
The Philippine Bill
225
The Philippine Autonomy Act
227
The Philippine Organic Act
229
CHAPTER 15
230
Republican government
232
A government of laws and not of men
234
Rule of the majority
237
Law of public officers
238
Division of powers
244
Quezon 1924 46 Phil 83 253 266 293
253
The executive power
256
The legislative power
260
Legislative privileges
265
The judicial power
268
Delegation of powers
272
Irrepealable laws prohibited
280
Responsible government
281
Immunity of government from suit
284
Allen In re 1903 2 Phil 630 33 153 160 193 307
286
Alverto In re 1912 198 Fed 688 398
292
CHAPTER 16
295
SECTION PAGE
296
Ford In re 1911 160 Cal 334 116 Pac 757 474
300
Aliens their privileges and disabilities
302
Amado Sing Jing Talento v Insular Collector of Customs
308
Chinese exclusion
310
PART V
317
Nielson 1829 2 Pet 253 7 L ed 415 181
321
Rights named defined and classified
325
SECTION PAGE 112 Person
329
Life liberty or property
330
Life
331
Property
335
Limitations
357
CHAPTER 20
362
SECTION PAGE 127 Power of taxation
363
Limitations
365
Froelich Kuttner v Collector of Customs 1911 18 Phil 461
366
Situs
367
Public purposes
368
SECTION PAGE 131 Uniformity
371
Classification
372
Tax liens
375
Remedies of the taxpayer
377
CHAPTER 21
381
SECTION PAGE 137 Nature of power
382
Taking and injuring property
385
Public use
386
Just compensation
387
Procedure
390
CHAPTER 22
392
Citizens of the United States
393
Naturalization of Filipinos
394
Citizens of the Philippine Islands
397
The Philippine Naturalization Law
406
Expatriation
407
Suffrage and elections
408
Director of Prisons 1924 46 Phil 22 31 255
410
Freedom of speech and of the press
412
Right of assembly and petition
421
Local government
423
Galeza U S v 1915 31 Phil 365 416
425
SECTION PAGE 153 Definition and scope
430
Slavery and involuntary servitude
431
Religious liberty
437
Personality of the Roman Catholic Church
444
Security of the dwelling and the person
445
Search warrants
451
Right of domicil
454
Fidelity Surety Co 1923 45 Phil 406
455
Freedom of contract
457
Education
460
CHAPTER 24
464
Right to hearing
466
Assistance of counsel
469
Nature and cause of accusation
471
Speedy and public trial
474
American Print Works v Lawrence 1851 23 N J Law 590
475
Confrontation of witnesses
478
Attendance of witnesses
484
Crescini 1918 37 Phil 675 240
485
Preparation for trial
486
Preliminary examination
487
Due process of law
492
Assessors
493
Presumption of innocence
494
Double jeopardy
495
Selfincrimination
505
SECTION PAGE
511
Conviction of treason
521
CHAPTER 25
527
American Sugar Ref Co U S v 1906 202 U S 563 50 L
533
Ex post facto laws
535
Jefferson County 1909 160 Ala 155 48 So 788 395
540
CHAPTER 27
543
SECTION PAGE
545
CHAPTER 28
552
The enacting clause
558
A The Malolos Constitution
567
B The Presidents Instructions to the Second
599
The Philippine Bill as Amended
610
The Philippine Autonomy Act Popularly
654
Direitos de autor

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Palavras e frases frequentes

Passagens conhecidas

Página 363 - The subjects of every state ought to contribute towards the support of the government, as nearly as possible, in proportion to their respective abilities; that is, in proportion to the revenue which they respectively enjoy under the protection of the state.
Página 357 - To justify the State in thus interposing its authority in behalf of the public, it must appear, first, that the interests of the public generally, as distinguished from those of a particular class, require such interference; and, second, that the means are reasonably necessary for the accomplishment of the purpose, and not unduly oppressive upon individuals.
Página 234 - No man in this country is so high that he is above the law. No officer of the law may set that law at defiance with impunity. All the officers of the government, from the highest to the lowest, are creatures of the law, and are bound to obey it. It is the only supreme power in our system of government, and every man who by accepting office participates in its functions is only the more strongly bound to submit to that supremacy, and to observe the limitations which it imposes upon the exercise of...
Página 216 - That the constitution and all laws of the United States which are not locally inapplicable, shall have the s*ame force and effect within the said territory of Nebraska as elsewhere within the United States...
Página 434 - Believing with you that religion is a matter which lies solely between man and his God, that he owes account to none other for his faith or his worship, that the legislative powers of government reach actions only, and not opinions, I contemplate with sovereign reverence that act of the whole American people which declared that their legislature should " make no law respecting an establishment of religion, or prohibiting the free exercise thereof...
Página 536 - A bill of attainder is a legislative act which inflicts punishment without a judicial trial. If the punishment be less than death the act is termed a bill of pains and penalties.
Página 72 - In view of these facts and of these considerations I ask the Congress to authorize and empower the President to take measures to secure a full and final termination of hostilities between the Government of Spain and the people of Cuba, and to secure in the island the establishment of a stable government, capable of maintaining order and observing its international obligations, insuring peace and tranquillity and the security of its citizens as well as our own, and to use the military and naval forces...
Página 399 - Islands and as such entitled to the protection of the United States, except such as shall have elected to preserve their allegiance to the Crown of Spain...
Página 601 - ... that the government which they are establishing is designed not for our satisfaction or for the expression of our theoretical views, but for the happiness, peace, and prosperity of the people of the Philippine Islands, and the measures adopted should be made> to conform to their customs, their habits, and even their prejudices to the fullest extent consistent with the accomplishment of the indispensable requisites of just and effective government.
Página 652 - That no person shall be held to answer for a criminal offense without due process of law; and no person for the same offense shall be twice put in jeopardy of punishment, nor shall be compelled in any criminal case to be a witness against himself. That all persons shall before conviction be bailable by sufficient sureties, except for capital offenses.

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