The impetus to constitutional government in modern times has to a large
extent come from England, and it is from English politics that the
phrase and its associations have been borrowed. England has offered to
the world the one conspicuous example of a long, continuous, and orderly
development of political institutions. The early date at which the
principle of self-government was established in England, the steady
growth of the principle, the absence of civil dissension, and the
preservation in the midst of change of so much of the old organization,
have given its constitution a great influence over the ideas of
politicians in other countries. This fact is expressed in the proverbial
phrase--"England is the mother of parliaments." It would not be
difficult to show that the leading features of the constitutions now
established in other nations have been based on, or defended by,
considerations arising from the political history of England.
In one important respect England differs conspicuously from most other
countries. Her constitution is to a large extent _unwritten_, using the
word in much the same sense as when we speak of unwritten law. Its rules
can be found in no written document, but depend, as so much of English
law does, on precedent modified by a constant process of interpretation.
Many rules of the constitution have in fact a purely legal history, that
is to say, they have been developed by the law courts, as part of the
general body of the common law. Others have in a similar way been
developed by the practice of parliament. Both Houses, in fact, have
exhibited the same spirit of adherence to precedent, coupled with a
power of modifying precedent to suit circumstances, which distinguishes
the judicial tribunals. In a constitutional crisis the House of Commons
appoints a committee to "search its journals for precedents," just as
the court of king's bench would examine the records of its own
decisions. And just as the law, while professing to remain the same, is
in process of constant change, so, too, the unwritten constitution is,
without any acknowledgment of the fact, constantly taking up new ground.
Public-domain text, read in full here on John Shaqi.
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