Selections from the Speeches and Writings of Edmund BurkeBurke, Edmund
Philosophy
Selections from the Speeches and Writings of Edmund Burke
Burke, Edmund
Burke, Edmund, 1729-1797; Essays; Political science; Speeches, addresses, etc.
However, they did not think such bold changes within their commission.
It is indeed difficult, perhaps impossible, to give limits to the mere
ABSTRACT competence of the supreme power, such as was exercised
by parliament at that time; but the limits of a MORAL competence,
subjecting, even in powers more indisputably sovereign, occasional will
to permanent reason, and to the steady maxims of faith, justice, and
fixed fundamental policy, are perfectly intelligible, and perfectly
binding upon those who exercise any authority, under any name, or
under any title, in the state. The House of Lords, for instance, is
not morally competent to dissolve the House of Commons; no, nor even
to dissolve itself, nor to abdicate, if it would, its portion in the
legislature of the kingdom. Though a king may abdicate for his own
person, he cannot abdicate for the monarchy. By as strong, or by a
stronger reason, the House of Commons cannot renounce its share of
authority. The engagement and pact of society, which generally goes by
the name of the constitution, forbids such invasion and such surrender.
The constituent parts of a state are obliged to hold their public faith
with each other, and with all those who derive any serious interest
under their engagements, as much as the whole state is bound to keep its
faith with separate communities. Otherwise competence and power would
soon be confounded, and no law be left but the will of a prevailing
force. On this principle the succession of the crown has always been
what it now is, an hereditary succession by law: in the old line it was
a succession by the common law; in the new by the statute law, operating
on the principles of the common law, not changing the substance, but
regulating the mode and describing the persons. Both these descriptions
of law are of the same force, and are derived from an equal authority,
emanating from the common agreement and original compact of the state,
communi sponsione reipublicae, and as such are equally binding on king
people too, as long as the terms are observed, and they continue the
same body politic.
LIMITS OF LEGISLATIVE CAPACITY.
Public-domain text, read in full here on John Shaqi.
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