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 question why the conventions of the constitution are so scrupulously
followed, when they have no legal force, is not a simple one.
Impeachment as a means of compelling the observance of traditions has,
of course, long been obsolete. Professor Dicey maintains that the
ultimate sanction of these conventions lies in the fact that any
ministry or official violating them would be speedily brought into
conflict with the law of the land as enforced by the courts.[11:2] He
takes as illustrations the omission to summon Parliament every year, and
the retention of office by a ministry against the will of the Commons
without dissolving; and he shows in each case how the ministry would be
brought into conflict with the law by the failure to enact the annual
army bill or to pass the appropriations. He proves that in such cases
the wheels of government would be stopped by the regular operation of
the law; and that the House of Commons can readily bring about this
result if it pleases.[12:1] There is, however, another question, and
that is why the House is determined to exert its power so as to maintain
the conventions of the constitution as they stand to-day. It has long
possessed the necessary authority, but the conventions were evolved
slowly. The House of Representatives in Washington has the same power to
stop appropriations, but it does not try to use it to force a
responsible ministry upon the President; a result which has, on the
other hand, been brought about in France almost as conclusively as in
England, and that without the sanction arising from the risk of conflict
between the government and the courts. Any parliament could use its
authority if it chose to keep the ministry in office indefinitely, as
well as to make it responsible. It could pass a permanent army act,
grant the tea and income taxes for a term of years, charge all ordinary
expenses upon the Consolidated Fund, and so make the existing ministry
well-nigh independent of future parliaments.
Public-domain text, read in full here on John Shaqi.
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