Europe -- Politics and government; Political science
*46. What are "Constitutional" Laws?*--From this unrestricted
competence of Parliament arise two highly important facts. One of them
is that the distinction between "constitutional" laws, on the one
hand, and ordinary statutes, on the other, is neither so obvious nor
so essential as under most governmental systems. The concept, (p. 046)
even, of constitutional law has developed but slowly among the
English, and the phrase is as yet seldom employed in legal discussion.
In the United States constitutional amendments or addenda, in so far
at least as they assume written form, emanate from sources and by
processes different from those that obtain in the enactment of
ordinary statutes. In most continental nations the constituent process
is at least somewhat different from that employed in the enactment of
simple laws. And these specially devised processes are designed to
emphasize the essential differentiation of the product from the
handiwork of the ordinary legislative bodies. In Great Britain,
however, there is, as has appeared, no difference of process, and the
distinction between the law of the constitution and ordinary statute
law is not infrequently all but impossible to trace. If it is to be
traced at all, it must be derived from the circumstances of enactment.
Some measures, e.g., the Habeas Corpus Act, the Act of Settlement, and
the Parliament Act of 1911, relate obviously to the most fundamental
and enduring aspects of state. Others just as clearly have to do with
ephemeral and purely legislative concerns. Precisely where the line
should be drawn between the two no man can say. It is, in the opinion
of Mr. Bryce, because of this obstacle primarily that no attempt has
been made to reduce the English constitution to the form of a single
fundamental enactment.[55]
[Footnote 55: Studies in History and Jurisprudence,
I., No. 3.]
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account