Magna Carta, and Other AddressesGuthrie, William D. (William Dameron)
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Magna Carta, and Other Addresses
Guthrie, William D. (William Dameron)
Constitutional law -- United States
I do not overlook the fact that this idea of fundamental laws
unchangeable by statute long slumbered in England, and that the
contrary--the legal supremacy of parliament--was subsequently
established. In studying this aspect of the Great Charter, we must
recall that the conditions of life in England during the thirteenth and
fourteenth centuries were very much simpler than those existing later,
and that it was not then realized, or at most only vaguely and dimly,
that the legislative power could change the laws regulating the rights
and duties of individuals as among themselves or in their relation to
the government. The modern habit of imagining that in legislation is to
be found the panacea for all ills and of measuring the efficiency of
a government by the number of statutes it has produced was unthought
of. Probably the only legislative function in the minds of Englishmen
during the thirteenth and fourteenth centuries was taxation, and as yet
men hardly realized the necessity for broader regulative or legislative
powers.
Nevertheless, the doctrine that the permanent fundamental principles of
the law of the land guaranteed by Magna Carta were inviolable prevailed
in England long after the fourteenth century, and in fact was declared
in the English courts as late as the seventeenth century. Bonham's case
is the most familiar instance of the recognition of that doctrine. The
views of English lawyers, judges and statesmen have changed in this
respect, and it is now settled that parliament is supreme and that it
can amend or repeal Magna Carta in any respect it may see fit. The
changed view undoubtedly met with ready acquiescence, partly because of
the necessity for amendments of the law in order to cope with changing
conditions, partly because of the unwillingness of the English people
to leave questions of constitutional power to the courts, in view of
the dependence of the judges upon the crown, but principally because
of the confident belief that parliament existed primarily for the very
purpose of upholding and protecting the rights and liberties secured to
the people by the Great Charter of Liberties, and that the people could
rely upon parliament never to consent to the violation of those rights
and liberties.
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