Europe -- Politics and government; Political science
[Footnote 46: Styled "the Parliament of the United
Kingdom of Great Britain and Ireland."]
[Footnote 47: An abridgment of the text of the Act
of Union with Scotland is printed in Adams and
Stephens, Select Documents, 479-483; of that of the
Act of Union with Ireland, ibid., 497-506. The full
text of the former will be found in Robertson,
Select Statutes, Cases, and Documents, 92-105; that
of the latter, ibid., 157-164. On Ireland before
the Union see May and Holland, Constitutional
History of England, II., Chap. 16.]
IV. THE NATURE AND SOURCES OF THE CONSTITUTION
*41. The Elusiveness of the Constitution.*--The description of the
British governmental system which is hereafter to be undertaken will
be clarified by a word of comment at this point upon the character
which the English constitution of to-day has assumed, upon the form in
which it exists, and upon the sources from which it has been drawn.
The term "constitution," as is familiarly understood, may be employed
to denote a written instrument of fundamental law which has been
framed by a constituent assembly, drafted by an ordinary legislative
body, or promulgated upon the sole authority of a dictator or monarch;
or, with equal propriety, it may be used to designate a body of (p. 042)
customs, laws, and precedents, but partially, or even not at all,
committed to writing, in accordance with which the machinery of a
given governmental system is operated. The constitution of the United
Kingdom of Great Britain and Ireland is of this second type. The
student who desires to bring together the principles and to tabulate
the working details of the British constitutional order will find no
single document, nor any collection of documents, in which these
things are wholly, or even largely, set down. For the accomplishment
of such a task it would be necessary to review intensively a thousand
years and more of history, to lay hold of a statute here and of a
judicial decision there, to take constant cognizance of the rise and
crystallization of political usages, and to probe to their inmost
recesses the mechanisms of administration, law-making, taxation,
elections, and judicial procedure as they have been, and as they are
actually operated before the spectator's eyes. Foremost among its
compeers in antiquity, in comprehensiveness, and in originality, the
British constitution is at once the least tangible and the most widely
influential among European bodies of fundamental law.
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