Europe -- Politics and government; Political science
*47. All Parts of the Constitution subject to Amendment.*--In the second
place, no portion whatsoever of the constitution is immune from
amendment or abrogation at the hand of Parliament. So forcefully was
the French observer De Tocqueville impressed with this fact that he
went so far as to assert that there really is no such thing as an
English constitution at all.[56] De Tocqueville wrote, however, from
the point of view of one who conceives of a constitution as of
necessity an "instrument of special sanctity, distinct in character
from all other laws, and alterable only by a peculiar process,
differing to a greater or less extent from the ordinary forms of
legislation";[57] and this conception is recognized universally
nowadays to be altogether inadequate. There is, in every proper sense,
an English constitution. No small portion of it, indeed, is in written
form. And it is worth observing that in practice there is tending to
be established in England in our own day some measure of that (p. 047)
distinction between constituent and legislative functions which
obtains in other countries. There is no disposition to strip from
Parliament its constituent powers; but the feeling is gaining ground
that when fundamental and far-reaching innovations are contemplated
action ought not to be taken until after there shall have been an
appeal to the nation through the medium of a general election at which
the desirability of the proposed changes shall be submitted as a clear
issue. The principle, broadly stated, is that Parliament ought to
exercise in any important matter its constituent powers only under the
sanction of direct popular mandate. It was essentially in deference to
this principle that the elections of December, 1910, turning squarely
upon the issue of the reform of the House of Lords, were ordered.
Thus, while in numerous continental countries the distinction between
constituent and legislative functions is being nowadays somewhat
relaxed, in Great Britain there is distinctly a tendency to establish
in a measure a differentiation in this matter which long has been in
practice non-existent.
[Footnote 56: "In England the Parliament has an
acknowledged right to modify the constitution; as,
therefore, the constitution may undergo perpetual
changes, it does not in reality exist (_elle
n'existe point_); the Parliament is at once a
legislative and a constituent assembly." OEuvres
Completes; I., 166-167.]
[Footnote 57: Lowell, Government of England, I.,
2.]
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