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
In those European countries where the difference in the procedure for
changing constitutional and other laws is the most marked, the special
formalities for the former consist in requiring more than a majority
vote in the legislature, or that a general election shall take place
before the amendment is finally adopted, or both. Now the last of those
conditions is practically not unknown in England. There is a growing
feeling that no fundamental or far-reaching change ought to be made
unless, as a result of a general election fought on that issue,
Parliament has received from the nation a mandate to make the change.
Such a doctrine does not affect the law, but it does affect that body
of customs which is a not less vital part of the British Constitution.
The classical distinction between constituent and law-making powers, and
hence between rigid and flexible constitutions, has also been somewhat
effaced by extending the requirement of a special procedure to the
enactment of certain classes of ordinary law. Thus in the German Empire
the only peculiar formality for amendments to the constitution is found
in the provision that they are defeated by fourteen adverse votes in the
Bundesrath.[5:1] This gives Prussia with her seventeen votes a veto upon
them, but she has also a veto in the Bundesrath upon any measures
affecting the army, the navy, customs-duties or excises.[5:2]
[Sidenote: Growing Variety in Written Constitutions.]
In the middle of the last century written constitutions in Europe were
framed for the most part upon the same model and were much alike, so
that a written constitution usually implied a definite type of limited
monarchy, where the same class of matters were removed from the direct
control of the legislature and placed, in theory at least, under special
protection. But now written constitutions all over the world have come
to differ a great deal, some of them being simpler, and others more
comprehensive than of old. The constitutional laws of France, for
example, provide only for the bare organisation of the public
authorities, and can be amended virtually at will by the legislature;
while the constitutions of Switzerland, Germany and the United States go
into great detail, and that of the United States can be amended only
with the greatest difficulty. The result is that the French
constitution, although written and technically rigid, bears from the
point of view of rigidity a far closer resemblance to the constitution
of England than to that of the United States.
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