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
The English Constitution--speaking, of course, of its form, not its
content--differs, therefore, from those of most other European nations
more widely in method of expression than in essential nature and legal
effect. They have been created usually as a result of a movement to
change fundamentally the political institutions of the country, and the
new plan has naturally been embodied in a document; but since the
Restoration England has never revised her frame of government as a
whole, and hence has felt no need of codifying it. The national
political institutions are to be found in statutes,[9:1] in customs
which are enforced and developed by the courts and form a part of the
Common Law, and in customs strictly so called which have no legal
validity whatever and cannot be enforced at law. These last are very
appropriately called by Professor Dicey the conventions of the
constitution. The two chief peculiarities of the English Constitution
are: first, that no laws are ear-marked as constitutional,--all laws can
be changed by Parliament, and hence it is futile to attempt to draw a
sharp line between those laws which do and those which do not form a
part of the constitution;--second, the large part played by customary
rules, which are carefully followed, but which are entirely devoid of
legal sanction. Customs or conventions of this kind exist, and in the
nature of things must to some extent exist, under all governments. In
the United States where they might, perhaps, be least expected, they
have, as already observed, transformed the presidential electors into a
mere machine for registering the popular vote in the several states, and
this is only the most striking of the instances that might be
cited.[9:2] England is peculiar, not because it has such conventions,
but because they are more abundant and all-pervasive than elsewhere. The
most familiar of them is, of course, the rule that the King must act on
the advice of his ministers, while they must resign or dissolve
Parliament when they lose the confidence of the majority in the House of
Commons.
Public-domain text, read in full here on John Shaqi.
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