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
De Tocqueville had more particularly in mind another meaning which is
commonly attached to the term "constitution." It is that of an
instrument of special sanctity, distinct in character from all other
laws; and alterable only by a peculiar process, differing to a greater
or less extent from the ordinary forms of legislation. The special
sanctity is, of course, a matter of sentiment incapable of exact
definition, and it may be said to belong to the British Constitution
quite as much as to some others. The peculiar process of amendment, on
the other hand,--the separation of the so-called constituent and
law-making powers,--upon which Mr. Bryce bases his division of
constitutions into rigid and flexible,[2:2] has had a long history and
been much discussed; but although the contrast between the two types is
highly important, the creation of intermediate forms has made it less
exact as a basis of classification. The later constitutions, and the
more recent practice, have tended to obscure the distinction. A
separation between the constituent and law-making powers does not, in
fact, always exist in written constitutions. The Italian _Statuto_, for
instance, which contains no provision for amendment, can be, and in fact
has been, altered by the ordinary process of legislation;[3:1] and the
same thing was true of the French Charter of 1830.[3:2] The last Spanish
constitution omits all provision for amendment, but one may assume that
if it lasts long enough to require amendment the changes will be made by
ordinary legislative process.
Public-domain text, read in full here on John Shaqi.
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