The Second Founding最新文献

The Second Founding Pub Date : 2020-10-31 DOI: 10.1017/9781108914956.002

{"title":"Due Process of Law","authors":"","doi":"10.1017/9781108914956.002","DOIUrl":"https://doi.org/10.1017/9781108914956.002","url":null,"abstract":"The principle embodied in what is known as due process of law is the outcome of the progressive histories of the English and American peoples, considered as one unbroken development. It has no prototype in the constitutional history of any other people. As Lieber has expressed it: \"The guarantee of the supremacy of the law (due process) leads to a principle which, so far as I know, it has never been attempted to transplant from the soil inhabited by Anglican people, and which, nevertheless, has been in our system of liberty the natural production of a thorough government of law as contradistinguished from a government of functionaries.\"'As thus defined, due process of law stands as the anti-pole of wha't French jurists call droit administratif, which rests upon the assumption that the government and each of its servants possesses a body of special rights and privileges as against private citizens to be fixed on principles different from those defining the legal rights and duties of one citizen toward another. Under that theory, speaking generally, the ordinary tribtunals have no concern with the administrative law (droit administratif) as applied by administrative courts (tribunaux administratifs), at the head of which stands the Council of State. For example, if a body of policemen in France who have broken into a monastery, seized its property and expelled its inmates under an administrative order, are charged with what English lawyers would call trespass","PeriodicalId":413585,"journal":{"name":"The Second Founding","volume":"165 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2020-10-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126506102","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}