Europe -- Politics and government; Political science
In effect, every measure of Parliament, of whatsoever nature and under
whatsoever circumstances enacted, is "constitutional," in the sense
that it is legally valid and enforceable. When an Englishman asserts
of a measure that it is unconstitutional he means only that it is
inconsistent with a previous enactment, an established usage, the
principles of international law, or the commonly accepted standards of
morality. Such a measure, if passed in due form by Parliament, becomes
an integral part of the law of the land, and as such will be enforced
by the courts. There is no means by which it may be rendered of no
effect, save repeal by the same or a succeeding parliament. In
England, as in European countries generally, the judicial tribunals
are endowed with no power to pass upon the constitutional validity of
legislative acts. Every such act is _ipso facto_ valid, whether it
relates to the most trivial subject of ordinary legislation or to the
organic arrangements of the state; and no person or body, aside from
Parliament itself, possesses a right to override it or to set it
aside.[58]
[Footnote 58: For brief discussions of the general
nature of the English constitution see A. L.
Lowell, Government of England, 2 vols. (New York,
1909), I., 1-15; T. F. Moran, Theory and Practice
of the English Government (new ed., New York,
1908), Chap. 1; J. A. R. Marriott, English
Political Institutions (Oxford, 1910), Chaps. 1, 2;
J. Macy, The English Constitution (New York, 1897),
Chaps. 1, 9; and S. Low, The Governance of England
(London, 1904), Chap. 1. A suggestive
characterization is in the Introduction of W.
Bagehot, The English Constitution (new ed., Boston,
1873). A more extended and very incisive analysis
is Dicey, Introduction to the Study of the Law of
the Constitution, especially the Introduction and
Chaps. 1-3, 13, 14-15.]
CHAPTER III (p. 048)
THE CROWN AND THE MINISTRY
I. THE CROWN: LEGAL STATUS AND PRIVILEGES
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