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
From countries which can change their fundamental constitution by the
ordinary process of legislation we pass by almost imperceptible degrees
to those where the constitutional and law-making powers are in
substantially different hands. Thus the procedure for changing the
constitution in Prussia differs from that for the enactment of laws only
by the requirement of two readings at an interval of twenty-one days.
Here there is a difference legally perceptible between the methods of
changing the constitution and other laws; but it may be remarked that a
provision in the constitution to the effect that all laws should require
two readings at an interval of twenty-one days, would not essentially
change the nature of the constitution, and yet in theory it would make
that constitution flexible instead of rigid. As it is, the fundamental
laws are quite as much under the control of the legislature in Prussia
as they are in England.[3:3] This is almost equally true of France; for
although the changes in her constitution are made by the National
Assembly, composed of the two chambers sitting together, yet the
Assembly can meet only after the two chambers have passed a concurrent
resolution to that effect; and in fact the chambers are in the habit of
determining beforehand by separate votes the amendments which shall be
submitted to the Assembly. So that in France, also, the constitution is
virtually under the unrestricted control of the legislature.
[Sidenote: The Distinction has Lost Practical Importance.]
The separation of constituent and law-making powers has been rendered of
much less practical importance in some countries not only by making the
process of amending the constitution more simple, but also by making the
enactment of laws more complex. In Switzerland, for example, changes in
the Constitution of 1848 required a popular vote, while changes in the
laws did not; but after the referendum on ordinary laws was introduced
in 1874, this distinction largely disappeared, and at the present day
the differences between the methods of passing constitutional amendments
and ordinary laws are comparatively slight. In the case of ordinary laws
a popular vote is taken only on the petition of thirty thousand citizens
or eight cantons, and the popular majority is decisive; whereas
constitutional amendments must be submitted to the people whether a
petition is presented or not, and for their ratification a majority vote
in more than half the cantons as well as a majority in the Confederation
as a whole is required.[4:1]
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