The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(50) On this important constitutional change, which was made in
1664, without any Act of Parliament, but by a mere verbal agreement
between Archbishop Sheldon and Lord Chancellor Clarendon, see Hallam,
Constitutional History, ii. 405.
(51) This is true on the whole, especially at the beginning of the
institution of the States General, though there were also _roturiers_
who were the immediate burgesses of the King. See Thierry, History
of the Tiers Etat, i. 56 (Eng. trans.). It is in that work that the
history of that branch of the States General should be studied.
(52) The question of one or two Chambers in an ordinary monarchy or
commonwealth is altogether different from the same question under a
Federal system. In England or France the question between one or two
Chambers in the Legislature is simply a question in which of the two
ways the Legislature is likely to do its work best. But in a Federal
constitution, like that of Switzerland or the United States, the two
Chambers are absolutely necessary. The double sovereignty, that of
the whole nation and that of the independent and equal States which
have joined together to form it, can be rightly represented only
by having two Chambers, one of them, the _Nationalrath_ or House
of Representatives, directly representing the nation as such, and
the other, the _Ständerath_ or Senate, representing the separate
sovereignty of the Cantons. In the debates early in 1872 as to the
revision of the Swiss Federal Constitution, a proposal made in the
_Nationalrath_ for the abolition of the _Ständerath_ was thrown out by
a large majority.
(53) On the old Constitution of Sweden, see Laing’s Tour in Sweden.
(54) This common mistake and its cause are fully explained by Hallam,
Middle Ages, ii. 237.
(55) “The two Houses had contended violently in 1675, concerning the
appellate jurisdiction of the Lords; they had contended, with not less
violence, in 1704, upon the jurisdiction of the Commons in matters of
election; they had quarrelled rudely, in 1770, while insisting upon
the exclusion of strangers. But upon general measures of public policy
their differences had been rare and unimportant.” May’s Constitutional
History, i. 307. The writer goes on to show why differences between the
two Houses on important points have become more common in very recent
times.
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