Europe -- Politics and government; Political science
The letter of a written constitution may survive through many decades
unchanged, as has that of the Italian _Statuto_ of 1848, and as did
that of the American constitution between 1804 and 1865. No (p. 045)
constitutional system, however, long stands still, and least of all
one of the English variety, in which there exists but little of even
the formal rigidity arising from written texts. Having no fixed and
orderly shape assigned it originally by some supreme authority, the
constitution of the United Kingdom has retained throughout its history
a notably large measure of flexibility. It is by no means to-day what
it was fifty years ago; fifty years hence it will be by no means what
it is to-day. In times past changes have been accompanied by violence,
or, at least, by extraordinary manifestations of the national will.
Nowadays they are introduced through the ordinary and peaceful
processes of legislation, of judicial interpretation, and of
administrative practice. Sometimes, as in the instance of the recent
overhauling of the status of the House of Lords, they are accompanied
by heated controversy and widespread public agitation. Not
infrequently, however, they represent inevitable and unopposed
amplifications of existing law or practice and are taken note of
scarcely at all by the nation at large.
*45. The Constituent Powers of Parliament.*--The principal means by
which changes are wrought in the English constitution to-day is that
of parliamentary enactment. It is to be observed that in Great Britain
there is not, nor has there ever been, any attempt to draw a line of
distinction between powers that are constituent and powers that are
legislative. All are vested alike in Parliament, and in respect to the
processes of enactment, repeal, and revision there is no difference
whatsoever between a measure affecting the fundamental principles of
the governmental system and a statute pertaining to the commonest
subject of ordinary law. "Our Parliament," observes Mr. Anson, "can
make laws protecting wild birds or shell-fish, and with the same
procedure could break the connection of Church and State, or give
political power to two millions of citizens, and redistribute it among
new constituencies."[54] The keystone of the law of the constitution
is, indeed, the unqualified omnipotence which Parliament possesses in
the spheres both of constitution-making and of ordinary legislation.
In Parliament is embodied the supreme will of the nation; and although
from time to time that will may declare itself in widely varying and
even inconsistent ways, at any given moment its pronouncements are
conclusive.
[Footnote 54: Law and Custom of the Constitution,
4th ed., I., 358.]
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