ABSTRACT
WE have seen that the evolution of the doctrine of the State-contract led at an early time to the general idea of the People as the original ‘subject’ of public power. At the same time it has been seen that the more precise expression of the idea of the contract of rulership led to a theory in which even in the constituted State the ruler and the people remain two distinct correlative ‘subjects’ of rights. And we have already shown that as to the relation between ruler and people in public law, opposite theories issued out of the old controversy on the nature of the grant of rulership as a “translatio” or a “concessio.”
