The History of England - a Study in Political EvolutionPollard, A. F. (Albert Frederick)
History
The History of England - a Study in Political Evolution
Pollard, A. F. (Albert Frederick)
Great Britain -- History; Great Britain -- Politics and government
This alternative theory was difficult to elaborate. There was no idea
of democracy. Complete popular self-government is, indeed, impossible;
for the mass of men cannot rule, and the actual administration must
always be in the hands of a comparatively few experts. The problem was
and is how to control them and where to limit their authority; and this
is a question of degree. In 1603 no one claimed that ministers were
responsible to any one but the king; administration was his exclusive
function. It was, however, claimed that parliamentary sanction must be
obtained for the general principles upon which the people were to be
governed--that is to say, for legislation. The crown might appoint what
bishops it pleased, but it could not repeal the Act of Uniformity; it
might make war or peace, but could not impose direct and general
taxation; it selected judges, but they could only condemn men to death
or imprisonment for offences recognized by the law. The subject was not
at the mercy of the king except when he placed himself outside the law.
The disadvantage, however, of an unwritten constitution is that there
are always a number of cases for which the law does not provide; and
there were many more in the seventeenth century than there are to-day.
These cases constituted the debatable land between the crown and
parliament. Parliament assumed that the crown could neither diminish
parliamentary privilege nor develop its own prerogative without
parliamentary sanction; and it read this assumption back into history.
Nothing was legal unless it had been sanctioned by parliament; unless
the crown could vouch a parliamentary statute for its claims they were
denounced as void. This theory would have disposed of much of the
constitution, including the crown itself; even parliament had grown by
precedent rather than by statute. There were, as always, precedents on
both sides. The question was, which were the precedents of growth and
which were those of decay? That could only be decided by the force of
circumstances, and the control of parliament over the national purse
was the decisive factor in the situation.
Public-domain text, read in full here on John Shaqi.
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