Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
The English Constitution, in a word, is framed on the principle of
choosing a single sovereign authority, and making it good; the
American, upon the principle of having many sovereign authorities, and
hoping that their multitude may atone for their inferiority. The
Americans now extol their institutions, and so defraud themselves of
their due praise. But if they had not a genius for politics; if they
had not a moderation in action singularly curious where superficial
speech is so violent; if they had not a regard for law, such as no
great people have yet evinced, and infinitely surpassing ours,--the
multiplicity of authorities in the American Constitution would long ago
have brought it to a bad end. Sensible shareholders, I have heard a
shrewd attorney say, can work ANY deed of settlement; and so the men of
Massachusetts could, I believe, work ANY Constitution.[11] But
political philosophy must analyse political history; it must
distinguish what is due to the excellence of the people, and what to
the excellence of the laws; it must carefully calculate the exact
effect of each part of the Constitution, though thus it may destroy
many an idol of the multitude, and detect the secret of utility where
but few imagined it to lie.
[11] Of course I am not speaking here of the South and South-East, as
they now are. How any free government is to exist in societies where so
many bad elements are so much perturbed, I cannot imagine.
How important singleness and unity are in political action no one, I
imagine, can doubt. We may distinguish and define its parts; but policy
is a unit and a whole. It acts by laws--by administrators; it requires
now one, now the other; unless it can easily move both it will be
impeded soon; unless it has an absolute command of both its work will
be imperfect. The interlaced character of human affairs requires a
single determining energy; a distinct force for each artificial
compartment will make but a motley patchwork, if it live long enough to
make anything. The excellence of the British Constitution is that it
has achieved this unity; that in it the sovereign power is single,
possible, and good.
The success is primarily due to the peculiar provision of the English
Constitution, which places the choice of the executive in the "people's
House"; but it could not have been thoroughly achieved except for two
parts, which I venture to call the "safety-valve" of the Constitution,
and the "regulator".
Public-domain text, read in full here on John Shaqi.
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