The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
But, except for those Latin countries which have copied it from the
United States, the doctrine is almost entirely confined to the places
where the Common Law prevails,[7:2] for elsewhere the same definition of
law does not obtain. In accordance with the French interpretation of the
theory of the separation of powers, it is the general rule on the
continent of Europe that the ordinary courts administer only private law
between private citizens, and that questions affecting the rights and
duties of public officials are withdrawn from their jurisdiction. Such
questions are now usually, though not universally, submitted to special
tribunals known as administrative courts. The rules administered by
these tribunals are laws, but they form a distinct and separate branch
of the law from that applied by the ordinary courts. On the continent,
therefore, a constitution may or may not be properly regarded as a law,
but even if it be so regarded it is not of necessity enforced by any
court. On the contrary, if an ordinary court is not suffered to pass
upon the legality of the actions of a policeman, it would be hardly
rational that it should pass upon the validity of an act of the national
legislature; and it would be even more irrational to intrust any such
power to the administrative courts which are under the influence of the
executive branch of the government.[8:1]
[Sidenote: Legal Restraints on Power of Legislature are Rare.]
The conception of a constitution as a law of superior obligation, which
imposes legal restraints upon the action of the legislature, is really
confined to a very few countries, chiefly to America and the English
self-governing colonies.[8:2] In Europe it has no proper place, for
whether a constitution in continental states be or be not regarded as a
supreme law, no body of men has, as a rule, been intrusted with legal
authority to enforce its provisions as against the legislature; and in
England there is no law superior in obligation to an Act of Parliament.
There can, indeed, be no doubt that the Acts of Union with Scotland and
Ireland were intended to be, in part at least, forever binding, but as
they created no authority with power either to enforce or to amend the
Acts, the united Parliament assumed that, like its predecessors, it
possessed unlimited sovereignty; and it has, in fact, altered material
provisions in each of those statutes.[8:3]
[Sidenote: Sources of the English Constitution.]
Public-domain text, read in full here on John Shaqi.
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