Europe -- Politics and government; Political science
[Footnote 48: Introduction to the Study of the Law
of the Constitution (7th ed., London, 1908),
22-29.]
[Footnote 49: Convention occupies a large place in
most political systems, even in countries which are
governed under elaborate written constitutions.
Their importance in the government of the United
States is familiar (see Bryce, American
Commonwealth, 3d ed., I., Chaps. 34-35). On the
influence of conventions in France see H. Chardon,
L'Administration de la France; les fonctionnaires
(Paris, 1908), 79-105.]
[Footnote 50: J. Bryce, Flexible and Rigid
Constitutions, in Studies in History and
Jurisprudence (London and New York, 1901), No. 3.]
[Footnote 51: E. Boutmy, Studies in Constitutional
Law: France--England--United States, trans. by E.
M. Dicey (London, 1891), 6.]
V. THE FLEXIBILITY OF THE CONSTITUTION
*44. Aspects of Continuity and of Change.*--In pursuance of what has
been said two observations, representing opposite aspects of the same
truth, are pertinent. The first is that in respect to the principles
and many of the practices of the English constitution it is
pre-eminently true that, to employ a familiar phrase of Bishop Stubbs,
the roots of the present lie deep in the past.[52] The second is that
the English constitution is a living organism, so constantly
undergoing modification that any description of it which may be
attempted is likely to be subject to correction almost before it can
be completed. At no time, as Mr. Freeman wrote, "has the tie between
the present and the past been rent asunder; at no moment have
Englishmen sat down to put together a wholly new constitution in
obedience to some dazzling theory."[53] On the contrary, each step in
the growth of the constitutional system has been the natural
consequence of some earlier step. Great changes, it is true, have been
wrought. To mention but the most obvious illustration, autocratic
kingship has been replaced by a parliamentary government based upon a
thoroughgoing political democracy. None the less, transitions have
been regularly so gradual, deference to tradition so habitual, and the
disposition to cling to ancient names and forms, even when the spirit
had changed, so deep-seated, that the constitutional history of
England presents elements of continuity which cannot be paralleled in
any other country of Europe.
[Footnote 52: Constitutional History of England,
I., prefatory note.]
[Footnote 53: Growth of the English Constitution,
19.]
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