Upon the splendid substructure of the Declaration of the Rights of Man
the first French Constitution was reared. It was framed with care,
took two years in the making, and was finally accepted by Louis in
1791. Since then there have been many constitutions, but, omitting the
Napoleonic interlude, the principles of the Declaration show
themselves with triumphant ascendency as the foundation of each
reconstruction. Like all written constitutions, modifications are
frequently found necessary. There is none of the elasticity of the
unwritten constitution which exists only in the land of the people who
are said to have a genius for governing themselves, and perhaps it is
that endowment with the capacity for self-government which makes the
nebulous character of the British Constitution so valuable. It is true
that a very great majority of well-educated British people could not
give any clear idea of the nature of the constitution of their
country, and when any constitutional point arises only a handful of
experts can state how far the precedents of the past, by which the
constitution is modified, affect the immediate issue; and yet there
would be a considerable feeling of alarm if it were seriously proposed
to make the whole situation plain by producing a modern written
constitution, however much based on all that has gone before.
Britons, as a rule, do not even trouble to acquaint themselves with
the survival of many ancient royal prerogatives. Walter Bagehot[1]
puts into one pregnant paragraph what Queen Victoria could do without
consulting Parliament. "Not to mention other things," he writes, "she
could disband the army (by law she cannot engage more than a certain
number of men, but she is not obliged to engage any men); she could
dismiss all the officers, from the General Commanding-in-Chief
downwards; she could dismiss all the sailors too; she could sell off
all our ships of war and all our naval stores; she could make a peace
by the sacrifice of Cornwall, and begin a war for the conquest of
Brittany. She could make every citizen in the United Kingdom, male or
female, a peer; she could make every parish in the United Kingdom a
'university'; she could dismiss most of the civil servants; she could
pardon all offenders." The present sovereign could do the same, but
safeguards in the form of impeachment of Ministers and change of a
Ministry preserve the country from proceedings of this nature; but in
a country with a written constitution such legacies from the days when
the head of the State was a military dictator exist no longer.
[1] _The English Constitution_, Introduction to 1872 Edition.
Public-domain text, read in full here on John Shaqi.
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