The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking NationsKennedy, Sinclair
History
The Pan-Angles: A Consideration of the Federation of the Seven English-Speaking Nations
Kennedy, Sinclair
Anglo-Saxon race; Great Britain -- Colonies; Great Britain -- Relations -- United States; United States -- Relations -- Great Britain
The Constitution of the British Isles consists partly of laws,
determining the form of government, which have been passed at
various times and are still in force. To this extent it is
written. The bulk of the Constitution, however, lies in a mass
of tradition, and depends for its force upon the respect in
which Parliament holds that tradition. For this reason the
British Constitution is frequently called "unwritten." "In one
important respect England differs conspicuously from most other
countries. Her constitution is to a large extent _unwritten_,
using the word in much the same sense as when we speak of
unwritten law. Its rules can be found in no written document,
but depend, as so much of English law does, on precedent
modified by a constant process of interpretation {97}. Many
rules of the constitution have in fact a purely legal history,
that is to say, they have been developed by the law courts, as
part of the general body of the common law. Others have in a
similar way been developed by the practice of parliament. Both
Houses, in fact, have exhibited the same spirit of adherence to
precedent, coupled with a power of modifying precedent to suit
circumstances, which distinguishes the judicial tribunals. In a
constitutional crisis the House of Commons appoints a committee
to 'search its journals for precedents,' just as the court of
king's bench would examine the records of its own decisions. And
just as the law, while professing to remain the same, is in
process of constant change, so, too, the unwritten constitution
is, without any acknowledgment of the fact, constantly taking up
new ground."[97-1] "'Constitutional law,' as the expression is
used in England, both by the public and by authoritative
writers, consists of two elements. The one element, which I have
called the 'law of the constitution' is a body of undoubted law;
the other element, which I have called the 'conventions of the
constitution,' consists of maxims and practices which, though
they regulate the ordinary conduct of the Crown and of Ministers
and of others under the constitution, are not in strictness laws
at all."[97-2] It must be borne in mind that Parliament, and
Parliament alone, can change these laws of the Constitution, and
that the change can occur whenever a majority of Parliament so
decides. {98} What these traditions are changes from year to
year and even from day to day--in fact, it is difficult to find
two Britishers who will agree on what is the Constitution at a
given date, so greatly are these traditions a matter of
personal, not national, conviction.
Public-domain text, read in full here on John Shaqi.
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