Constitutional history -- United States -- Sources; Constitutional law -- United States
The oracle who is always consulted and cited on this subject is the
celebrated Montesquieu. If he be not the author of this invaluable
precept in the science of politics, he has the merit at least of
displaying and recommending it most effectually to the attention of
mankind. Let us endeavor, in the first place, to ascertain his meaning
on this point.
The British Constitution was to Montesquieu what Homer has been to the
didactic writers on epic poetry. As the latter have considered the work
of the immortal bard as the perfect model from which the principles and
rules of the epic art were to be drawn, and by which all similar works
were to be judged, so this great political critic appears to have
viewed the Constitution of England as the standard, or to use his own
expression, as the mirror of political liberty; and to have delivered,
in the form of elementary truths, the several characteristic principles
of that particular system. That we may be sure, then, not to mistake his
meaning in this case, let us recur to the source from which the maxim
was drawn.
On the slightest view of the British Constitution, we must perceive that
the legislative, executive, and judiciary departments are by no means
totally separate and distinct from each other. The executive magistrate
forms an integral part of the legislative authority. He alone has the
prerogative of making treaties with foreign sovereigns, which, when
made, have, under certain limitations, the force of legislative acts.
All the members of the judiciary department are appointed by him, can be
removed by him on the address of the two Houses of Parliament, and form,
when he pleases to consult them, one of his constitutional councils. One
branch of the legislative department forms also a great constitutional
council to the executive chief, as, on another hand, it is the sole
depositary of judicial power in cases of impeachment, and is invested
with the supreme appellate jurisdiction in all other cases. The judges,
again, are so far connected with the legislative department as often to
attend and participate in its deliberations, though not admitted to a
legislative vote.
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.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account