 |
Business | Industries | Finance | Tax |
| Index: > A B C D E F G H I J K L M N O P Q R S T U V W X Y Z |
|
|||||
| First Prev [ 1 2 ] Next Last |
Mid. English ligeaunce; med. Latin ligeantia; the al- was probably added through confusion with another legal term, allegeance, an allegation; the French allegeance comes from the English; the word is formed from "liege," of which the derivation is given under that heading; the connection with Latin ligare, to bind, is erroneous.
The term allegiance is often used by English legal commentators in a larger sense, divided by them into natural and local, the latter applying to the deference which even a foreigner must pay to the institutions of the country in which he happens to live; but it is in its proper sense, in which it indicates national character and the subjection due to that character, that the word is important.
In that sense it represents the feudal liege homage , which could be due only to one lord, while simple homage might be due to every lord under whom the person in question held land.
The English doctrine, which was at one time adopted in the United States, asserted that allegiance was indelible: "Nemo potest exuere patriam". Accordingly, as the law stood before 1870, every person who by birth or naturalization satisfied the conditions set forth, though he should be removed in infancy to another country where his family resided, owed an allegiance to the British crown which he could never resign or lose, except by act of parliament or by the recognition of the independence or the cession of the portion of British territory in which he resided.
By the Naturalization Act 1870 , it was made possible for British subjects to renounce their nationality and allegiance, and the ways in which that nationality is lost are defined. So British subjects voluntarily naturalized in a foreign state are deemed aliens from the time of such naturalization, unless, in the case of persons naturalized before the passing of the act, they have declared their desire to remain British subjects within two years from the passing of the act. Persons who from having been born within British territory are British subjects, but who at birth became under the law of any foreign state subjects of such state, and also persons who though born abroad are British subjects by reason of parentage, may by declarations of alienage get rid of British nationality. Emigration to an uncivilized country leaves British nationality unaffected: indeed the right claimed by all states to follow with their authority their subjects so emigrating is one of the usual and recognized means of colonial expansion.
The doctrine that no man can cast off his native allegiance without the consent of his sovereign was early abandoned in the United States, and on July 27, 1868, the day before the Fourteenth Amendment wast adopted, CongressThe United States Congress is the legislative branch of the United States federal government. The structure and responsibilities of Congress are defined in Article One of the United States Constitution. The United States Congress is bicameral, meaning tha declared in the preamble of the Expatriation Act that "the right of expatriation is a natural and inherent right of all people, indispensable to the enjoyment of the rights of life, liberty and the pursuit of happiness," and (Section I) one of "the fundamental principles of this government" ( United States Revised Statutes , sec. 1999). Every citizen of a foreign state in America owes a double allegiance, one to it and one to the United States. He may be guilty of treason against one or both. If the demands of these two sovereigns upon his duty of allegiance come into conflict, those of the United States have the paramount authority in American law.
Main article: oath of allegianceAn oath of allegiance is an oath whereby a subject or citizen acknowledges his duty of allegiance and swears loyalty to his Sovereign or country. In many modern oaths of allegiance, allegiance is sworn to the Constitution. In particular, in the USA, judge
The oath of allegiance is an oathAn oath is either a promise or a statement of fact calling upon something or someone that the oath maker considers sacred, usually a god, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath. of fidelity to the sovereign taken by all persons holding important public office and as a condition of naturalization. By ancient common law it might be required of all persons above the age of twelve, and it was repeatedly used as a test for the disaffected. In EnglandEngland is the largest, the most populous, and the most densely populated of the four " Home Nations" which make up the United Kingdom of Great Britain and Northern Ireland (UK). Occupying the south-eastern portion of the island of Great Britain, England it was first imposed by statute in the reign of Elizabeth I of EnglandElizabeth I ( September 7, 1533 March 24, 1603) was Queen of England and Queen of Ireland from November 17, 1558 until her death. Sometimes referred to as The Virgin Queen or Good Queen Bess Elizabeth I was the fifth and last monarch of the Tudor dynasty, ( 1558Events January 7 French troops led by Francis, Duke of Guise take Calais, the last continental possession of England July 13 Battle of Gravelines: In France, Spanish forces led by Count Lamoral of Egmont defeat the French forces of Marshal Paul des Therme) and its form has more than once been altered since. Up to the time of the revolution the promise was, "to be true and faithful to the king and his heirs, and truth and faith to bear of life and limb and terrene honourHonour (in American English, honor comprises the reputation, self-perception or moral identity of an individual or of a group. Previously honour figured largely as a guiding principle of society, functioning as part of a code of honour for a gentleman and, and not to know or hear of any ill or damage intended him without defending him therefrom." This was thought to favour the doctrine of absolute non-resistance, and accordingly the convention parliament enacted the form that has been in use since that time - "I do sincerely promise and swear that I will be faithful and bear true allegiance to His Majesty ..."
| Politics | Business | Finance |
 |
 |
 |
|