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 seems to resolve itself into two parts: first, why a custom
once established is so tenaciously followed in England; and, second, why
the conventions have assumed their present form. In regard to the first
it may be suggested that while the consequences mentioned by Professor
Dicey form, no doubt, the ultimate sanction of the most important
conventions of the constitution, they are not the usual, or in fact the
real, motive for obedience; just as the dread of criminal punishment is
not the general motive for ordinary morality. The risk of imprisonment
never occurs, indeed, to people of high character, and in the same way
the ultimate sanctions of the law are not usually present in the minds
of men in English public life. In the main the conventions are observed
because they are a code of honour. They are, as it were, the rules of
the game, and the single class in the community which has hitherto had
the conduct of English public life almost entirely in its own hands is
the very class that is peculiarly sensitive to obligation of this kind.
Moreover, the very fact that one class rules, by the sufferance of the
whole nation, as trustees for the public, makes that class exceedingly
careful not to violate the understandings on which the trust is held.
The key to the question why the conventions have assumed their present
form is to be found mainly in Professor Dicey's remark[13:1] that all of
them exist for the sake of securing obedience to the deliberately
expressed will of the House of Commons, and ultimately to the will of
the nation. Their effect has been to bring the prerogatives of the Crown
more and more completely under the control of the cabinet, and the
cabinet itself under the control of the House of Commons; to restrain
the opposition of the Lords to any policy on which the Commons backed by
the nation are determined; and, finally, through the power of
dissolution to make the House of Commons itself reflect as nearly as may
be the views of the electorate. In England there is, in fact, only one
conclusive means of expressing the popular will--that of an election to
the House of Commons; and in ordinary cases there is only one body that
has power to interpret that expression, the cabinet placed in office by
the House so elected.
[Sidenote: The Effects of Custom.]
Public-domain text, read in full here on John Shaqi.
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