The constitution violated : $b An essayButler, Josephine Elizabeth Grey
History
The constitution violated : $b An essay
Butler, Josephine Elizabeth Grey
Constitutional law -- Great Britain; Prostitutes -- Legal status, laws, etc. -- Great Britain
Sir Edward Creasy says,[76] “It has been our happiness in England to
combine the system of local distribution of power in matters of local
importance with the system of centralization of power in matters of
imperial policy. The practice of our nation for centuries establishes
the rule that except for matters clearly of direct, general, and
imperial interest, centralization is unconstitutional. I dwell on this
topic, because during the last few years the principle of local
self-government has been menaced, if not impaired, and because hasty and
unreflecting observers can hardly have appreciated its national
importance.”
“We shall find,” he continues,[77] “in local self-government infinitely
more force than centralization ever could produce; we shall find that
force to be far more general in its operation; and we shall find it far
more enduring and certain, because it springs, not from the accidental
idiosyncrasy of an individual ruler, but from the national spirit, and
from the ancestral habits of a whole people. We ought to reflect also
upon the pernicious indirect effects which centralization produces in a
State, and on the advantages which we as a nation derive from being
self-trained and locally practised in the discharge of political duties.
We should listen to the testimony of intelligent foreigners, of men who
have lived under a plausible administrative hierarchy, and who speak
feelingly as to its effects.”
The great French statesman De Tocqueville devotes a chapter to the
distinction between centralization in matters of imperial government and
centralization in administrative matters of local interest; and while he
shows the necessity of the first, he demonstrates the pernicious effects
of the second, notwithstanding its specious appearances. It is scarcely
necessary to remark that the Contagious Diseases Acts belong distinctly
to that class of interests the imperial control of which he so strongly
reprobates.
Professor Lieber, a German by birth, but an American by adoption, after
describing the principles of the American Congress and the English
Parliament as free institutions, expressly states, “Yet the
self-government of our country, or of England, could be considered by us
as little more than oil floating on the surface of the water, did it
consist only in Congress and the State Legislatures with us (_i.e._, in
America), or in Parliament in England. Self-government, to be of a
penetrative character, requires the institutional self-government of the
country or district; it requires that everything which, without general
inconvenience, can be left to the circle to which it belongs, be thus
left to its own management.”
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account