Rebuilding Britain: A Survey of Problems of Reconstruction After the World WarHopkinson, Alfred, Sir
History
Rebuilding Britain: A Survey of Problems of Reconstruction After the World War
Hopkinson, Alfred, Sir
Reconstruction (1914-1939) -- Great Britain
It is hardly too much to say that English Constitutional Law has been
scrapped since the War. Immediately after the establishment of Peace the
first duty will be to restore the old Constitutional Law which has been
suspended to meet the new conditions due to the War, and to revive again
the old safeguards for the liberty and rights of the subject against
arbitrary action by the executive. The nation has rightly acquiesced in
the exercise of powers by the executive during the War in a manner which
nothing but the necessity of the time could justify. Powers to take a
person's property at the will of some executive department without any
definite principle or procedure even for assessing compensation ought at
once to cease when there is no longer immediate urgency for using such
powers to secure the safety of the country. Powers to deprive persons of
their liberty on vague charges, or to try anyone except by ordinary
course of law in the regular Courts, should be discontinued. The Reign
of Law must be re-established to control the executive Government as
well as the private citizen. Nothing is more infectious than a habit of
substituting arbitrary will for law. Tyranny breeds anarchy, and anarchy
tyranny in regular succession, and "the authority of one man over
another not regulated by fixed law or justified by absolute necessity is
tyranny." With the advent of Peace "_Dora_ must disappear."
Even before the War there had been a tendency, on the one hand, to
substitute administrative action for regular judicial procedure, and, on
the other, to allow certain associations to act without regard to law,
to injure individuals and infringe their rights without remedy. That
tendency must be checked or liberty will be destroyed. Law and liberty
as well as law and order are correlative terms. A real control over
expenditure must be re-established and made more effective than it was
even before the necessities of war in our unprepared condition made the
present hand-to-mouth procedure to some extent excusable. The
happy-go-lucky way in which new Ministries and new departments with
vague and ill-defined but enormous powers have been created must come to
an end. We should have some definite and recognised method of
authorising changes in the system of Government. To set aside the
Cabinet which, although it had no legal position, had powers sanctioned
and established by long constitutional custom, and to concentrate
authority in a small body selected and increased or diminished from time
to time at the will of a Prime Minister, was probably necessary for
successful prosecution of the War, but nothing else could justify some
of the irregularities that have been committed.
Public-domain text, read in full here on John Shaqi.
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