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 term "constitution" is usually applied to an attempt to embody in a
single authoritative document, or a small group of documents, the
fundamental political institutions of a state. But such an attempt is
rarely, if ever, completely successful; and even if the constitution
when framed covers all the main principles on which the government is
based, it often happens that they become modified in practice, or that
other principles arise, so that the constitution no longer corresponds
fully with the actual government of the country. In France, for example,
the principle that the cabinet can stay in office only so long as it
retains the confidence of the popular chamber, the principle, in short,
of a ministry responsible in the parliamentary sense, was not mentioned
in the charters of 1814 or 1830, and yet it was certainly firmly
established in the reign of Louis Philippe; and it is noteworthy that
this same principle, on which the whole political system of the English
self-governing colonies is based, appears neither in the British North
American Act nor in the Australian Federation Act. The first of those
statutes, following the English tradition, speaks of the Privy Council
for Canada,[1:2] but never of the cabinet or the ministers; while the
Australian Act, going a step farther, refers to the Queen's Ministers of
State,[1:3] but ignores their responsibility to the parliament.[2:1]
Again, in the United States, the provision that the electoral college
shall choose the President has become so modified in practice that the
electors must vote for the candidate nominated by the party to which
they owe their own election. In choosing the President they have become,
by the force of custom, as much a mere piece of mechanism as the Crown
in England when giving its assent to acts passed by the two Houses of
Parliament. Their freedom of choice is as obsolete as the royal veto. So
far, therefore, as this meaning of the term is concerned, the
constitution of England differs from those of other countries rather in
degree than in kind. It differs in the fact that the documents, being
many statutes, are very numerous, and the part played by custom is
unusually large.
[Sidenote: Not Changeable by Ordinary Legislation.]
[Sidenote: Rigid and Flexible Constitutions.]
Public-domain text, read in full here on John Shaqi.
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