While it cannot be said that the constitutional development of England
and of countries whose constitutions are like hers can be traced in
all respects to Rome, it may be said with truth that the growth and
character of their constitutions bear a strong resemblance to those of
Rome, and that writers and political leaders, especially from the time
of the French Revolution to our own day, have studied Roman political
institutions and have applied the lessons drawn from their study to
the political and constitutional questions of the day. In Rome under
the Republic the people when they expressed their wish in the assembly
were omnipotent, just as the decision of the English people voiced
in Parliament is final. As it is in England, so in Rome the latest
pronouncement of the popular will rendered null and void any previous
enactment or statute in conflict with it. Rome had no formal written
constitution any more than England has, but as in England such legal
documents as Magna Charta, the Habeas Corpus Act, and the Parliament
Act of 1911 are recognised as being more fundamental than the ordinary
statute, so in Rome under the Republic the Laws of the Twelve Tables,
the enactment that a citizen charged with a capital offence had the
right of appealing to the people, and the principle that a _lex_, or
action of the popular assembly, took precedence of a decree of the
senate, were so embedded in tradition that no measure could be passed
in violation of the principles underlying them. Under the Empire,
however, we find a document which, so far as it goes, resembles
somewhat a written constitution, viz., the “Law of Vespasian conferring
the imperium.”[13] In this document we have a comprehensive and
systematic recital of the fundamental rights, powers, and privileges of
the Emperor. As we have just seen, Rome and England have not defined
the functions of the several organs of the state and their relation to
one another in a single document, with which all statutes, judicial
decisions, and administrative acts must conform, to be valid, as the
United States, France, Switzerland and most other modern nations have
done. However, the laws, precedents, and customs which direct the
public life of England and directed that of Rome in a sense make up
their constitutions. Constitutions of this sort, as Bryce maintains in
his _Studies in History and Jurisprudence_, are flexible. They bend but
do not break under the temporary blasts of popular passion or emotion.
They have grown up with the people and are part of the fibre of the
people. Going back, as they do, into the past, they have the mystery
and the dignity which antiquity gives them. The character of the Roman
and of the English constitutions reflect the character of the two
peoples and their likeness to each other. They bring out the practical
qualities of the two nations, their respect for the past, and their
ability to adapt their institutions to new conditions. One more point
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