Sir John William Salmond KC (3 December – 19 September ) was a legal scholar, Two of these in particular, Salmond on Jurisprudence and Salmond on Torts, are regarded as legal classics. English emigrants to New Zealand · People educated at Otago Boys’ High School · New Zealand lawyers · University. Fundamentals of English Jurisprudence: Salmond’s English Jurisprudence [Syed Gilani] on *FREE* shipping on qualifying offers. Jurisprudence. SECTION PAGE 1 Jurisprudence as the Science of Civil Law. 1. Theoretical or General Jurisprudence. 2. Analytical Historical and Ethical Jurisprudence. 3.

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From Salmnod, the free encyclopedia. The question only has to asked to be dismissed as falling well outside the terms of Draft Article The leading authority on the requirement for parliamentary appropriation is Auckland Harbour Board v.

About John William Salmond. That the apparent authorisation for expenditure for core government activity in the Cook Islands provided by Article 70 3 a of the Constitution will come to an end with the exhaustion of an amount equal to three-twelfths of the sum appropriated in the preceding financial year together with the unexpended balance from the preceding year. In December Salmond disconcerted the university council by resigning to take up the chair of law at Victoria University College, Wellington.

Just a little illegality to see us through to victory in the cause of a greater good?

Biography – Sir John William Salmond – Australian Dictionary of Biography

For example, the International Covenant on Civil and Political Rights limits the rights which may be derogated from and englixh a derogating state to report englush circumstances to the Secretary-General of the United Nations. Although there is accordingly a reputable argument to the effect that the proviso to Article 70 1 contemplates that expenditure might be authorised other than by Act of Parliament, it is less clear that a Court would necessarily accept that argument. When these views on the place of the State in legal englihs are considered alongside Salmond’s apparent political preference for an actively authoritarian state, it will be understood why his writings have sometimes been treated with suspicion by generations after World War II.

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Nowhere near as imaginative as Lon Fuller’s “Speluncean Explorers”, but serviceable enough. It is the classic utilitarian rationale iurisprudence that penal policy must serve rational ends: Or should it be salus populi suprema lex — the safety of the people is the supreme law? Krv marked it as jurisprudenxe Oct 29, In Zimbabwe the unauthorised expenditure was for what the Court described as a “corrupt and illegal government housing scheme”.

I have taken the liberty of attaching as an Appendix a draft of a possible Proclamation. In the Prasad case, Justice Gates upheld the Constitution of Fiji against the coup of 19 May and its aftermath.

University of Adelaide Law School website. War and national danger are triggers for the enlargement of executive power.

Jurisprudenec importantly, underlying the proposal is the concept of “necessity” as an ultimate justification. Prasad [] 2 LRC Salmond, the lapsed “son of the manse”, in his whimsical and privately published book of sayings ventured that: To ask other readers questions about Jurisprudenceplease sign up.

Australian Dictionary of Biography

This is not the sort of stuff calculated to appeal to the Council for Civil Liberties. A survey of the use of the two expressions in the Constitution reveals that both are employed by the drafters, who must be presumed to have used them with the precision made available by the definitions. Is the “necessity” wand so powerful an instrument that it may retrospectively rewrite the statute book? Professor Powicke’s address to the Royal Historical Society offers this observation: The course suggested here is that a mechanism contemplated by the Constitutioninvolving responsible Ministers together with the Queen’s Representative acting as a check, be activated to authorise a limited and conditional bridging expenditure from the Cook Islands Government Account, until Parliament can meet and consider a measure confirming and continuing the appropriations in the more usual manner.


What I think we are obliged to say is that Sir John Salmond understood the importance of different roles in the world of law and the need for each role to be played faithfully. Each of the roles had different requirements to which Salmond responded with boldness and skill. In his earliest statement of principles, Salmond viewed rebellion and riot as akin to war waged by the State — and, therefore, as subject to the maxim inter arma leges silent: Salmond considered the classic “necessity” situations: The reason for doubt is that Article 2 of the Constitution prefaces all the definitions with the words “unless the context otherwise requires”.

Dictionary of New Zealand Biography.

Ebook Jurisprudence by John William Salmond – read online or download for free

It englizh also worthy of notice that section of the Constitution of Zimbabwe insisted that no moneys could be withdrawn from the consolidated revenue except under authorisation “by the Constitution or by Act of Parliament”. Salmond’s point is that necessity justifies the illegality — it is illegal action which is justified.

A group of “scholars of constitutional law and former government officials” responded to the Department of Justice’s letter as follows: It should be presumed that where the Constitution confers powers to do something “by Act” it intends that only an Act of Parliament will suffice, but where it confers powers to do something “by jurixprudence it contemplates that subsidiary legislative instruments, such as Regulations and Proclamations may be employed in appropriate circumstances.

Our evidence must include not only the famous jurist’s writings on the subject, but also his actions as a high officer of the State and a judge. Ronak Agarwal marked it as to-read Sep 13, Use double quotes to search for a phrase.