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
of the Crown, not in favour of the rights of the people. Indeed the
whole ideal conception of the Sovereign, as one, personally at least,
above the Law, as one personally irresponsible and incapable of doing
wrong, the whole conception of the Sovereign as the sole fountain of
all honour, as the original grantor of all property, as the source
from which all authority of every kind issues in the first instance,
is purely a lawyer’s conception, and rests upon no ground whatever in
the records of our early history(13). In later times indeed the evil
has largely corrected itself; the growth of our unwritten Constitution
under the hands of statesmen has done much practically to get rid of
these slavish devices of lawyers. The personal irresponsibility of the
Sovereign becomes practically harmless when the powers of the Crown are
really exercised by Ministers who act under a twofold responsibility,
both to the written Law and to the unwritten Constitution. Yet even
now small cases of hardship sometimes happen in which some traditional
maxim of lawyers, some device devised in favour of the prerogative of
the Crown, stands in the way of the perfectly equal administration
of justice. But in several important cases the lawgiver has directly
stepped in to wipe out the inventions of the lawyer, and modern Acts of
Parliament have brought things back to the simpler principles of our
earliest forefathers. I will wind up my sketch of our constitutional
history by pointing out several cases in which this happy result has
taken place.
Public-domain text, read in full here on John Shaqi.
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