Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
There are two descriptions of the English Constitution which have
exercised immense influence, but which are erroneous. First, it is laid
down as a principle of the English polity, that in it the legislative,
the executive, and the judicial powers are quite divided--that each is
entrusted to a separate person or set of persons--that no one of these
can at all interfere with the work of the other. There has been much
eloquence expended in explaining how the rough genius of the English
people, even in the middle ages, when it was especially rude, carried
into life and practice that elaborate division of functions which
philosophers had suggested on paper, but which they had hardly hoped to
see except on paper.
Secondly, it is insisted that the peculiar excellence of the British
Constitution lies in a balanced union of three powers. It is said that
the monarchical element, the aristocratic element, and the democratic
element, have each a share in the supreme sovereignty, and that the
assent of all three is necessary to the action of that sovereignty.
Kings, lords, and commons, by this theory, are alleged to be not only
the outward form, but the inner moving essence, the vitality of the
Constitution. A great theory, called the theory of "Checks and
Balances," pervades an immense part of political literature, and much
of it is collected from or supported by English experience. Monarchy,
it is said, has some faults, some bad tendencies, aristocracy others,
democracy, again, others; but England has shown that a Government can
be constructed in which these evil tendencies exactly check, balance,
and destroy one another--in which a good whole is constructed not
simply in spite of, but by means of, the counteracting defects of the
constituent parts.
Public-domain text, read in full here on John Shaqi.
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