New-York tribune., 1886-03-30
NEW PUBLICATIONS.
THE ENGLISH CONSTITUTION.

THE ENGLISH CONSTITUTION.
THE HISTORY OF TliE ENGLisn ~ Law at the
1,irn,. ~ M of Berlin TRANSLATED by PHlLlr A. ASH
worTn oi the Inner remnle esq hMarrStsr M q ~ ~ Put
Q vols svo PIP xvi, 437; vii, 400 u IL ~"
The DISTINGUISHED Rcrlin professor mas mere W.
complisbeG with characterstically German Ns'e'"
and thorou ghness task which 40 Ehgllsh I'S''i'
an of tie English Constitution has YET hal Tue
courage TO attempt. There are admirabie teauScS
ON certain portions of English consttn''ou"' ms
tory; but it is in this learned work tha inc Su"eo'
is for the first time reviewed IN lts Who'o oN'Vn'
,ol:,, :, the Growth tendencies. and changes OF
,bops,nd wears Writing with view TO the
snocol wants of Germany, Professor GneiSt mas ia'"
e,, stress uron the history of administrative law
and his translator seems to think that the prom!-
,o,ce which he has given to tie county ana parish
.srstes Az administrative agencies calls Tor niue
opolopetjc explanation. Put is Just mere ti' niS
work seems to us particularly interesting anu i'i-
r.rtant England presents the lemalkaoIe SPo'-
,olo of Constitution both historically and organ
callv ar,stocratic operating through forms OF Ioc
self-covernmeut which are often supposed 10 oe
,uve,,, popular institutions. The county and the
parish far from being autonomous ooueS' Soul l'o9'i
,be bicber authority receive their duties and pow
ers.from the king or the privy council, ana are
merely the organs of the central executive. lhey
bave eyctcised however n vaot iuiuence even
Lovond the limits of the kingdom. They nave
nr,ved schools of political training IN when tne
EnpIish-> >peakng race acquire the capacity ior HoI'
Government and orderly expansion whlcD hoV OILY
maintain the greatness and Liberties Oh thel o""
couutry but for more than 700 years nave p'or
spreadipp freedom all over the world. lro'essoi
Gne.t is at pains 10 show that this admlhIs''"t'e
system contains the vital principle OF the Eh2ifn
oorsti,ption the internal harmony and cohtsiV OF
q ,srl
opera,op of ALL from the lower classes in the socia
scale inward in the daily duties of the state
This and not the rights of Parliament or the forms
NJ oarliomentarv government, was tie foundation
of Fuglond'e greatness. "Thc internal strength OF
This Community is due to the fact that among All
tbe contrast and conflict of social interests, u
direct, the efforts of the people to the welfare oi
the State; that il ar"useS an interest III puoc INC
not only in the lords and gentry but also IN the
l lie classes and that It binds together ali classes
of society in this spirit before all giving 10 'ho
upper classes those manly aims ana that ehe'SV
which seek their scope and their value III Whal tho
individual is worth in the State Although 'he
Tnglish Constitution proceeded from tha arsto-
cratic class and has resulted ID makIg the arIs"c-
racy the ruling and privileged class, yet according
IN Professor Gncist 1t has worked well because at
tb, boss of the government lies the idea ot reclp-
rocal rights and duties, personal service To Tue
State as a condition of authority and privilege
With the era cf reform legislation, in the nine
teenth century. he breyes that startling ana Iar-
renchlng changes have begun. The organic bases
of the state are now endangered. lEo House Vi
Commons instead Of representing the various com
,nuuities as limbs of the general se!fgoyernment
over ,bo comtuouw wealth" becomes a representation
of various interests" For the Old habit OF per
,onal cooperation in the affairs of the community
q Il based imitation of SelfgOveTnment appears
which resembles nothing much as the manage
roout of q stock company by n board OF directors.
"Whil>t in England the institutions OF the pailsh
AMI the county, the Parliament and the Chnrch'
have abored for centuries 10 form tie antpod's
ann t,e couuter-orranism of social interests to
force the individual man and to accuStom hllh
against the natural bent of his II tercst>, to untr
stand his personal duties in the lie OF the comlhuh
ity" Me new tendency contradcts all this and
regards patriotism, sclfcOltrOl, aud the sense "i
in,tice rs product Of free competition Professor
Gnpi.t believes that England is the of an era
of rad cal action and of violent countcr-dtuon on
the part of the hitherto ruling cosS; and III the
course of tue conflict he expects an extensive dIs-
so ution of tie elective bodies and an ultimate
rebuilding of the or ,auic substructue oi the state
Rut he has enough respect for the fundamental
character of the En- ssh nation. the personal cOur-
age seifpussession and political experience "l the
ruling class, ana the Goou uduIt'Hs "l P"'''"
mc1tary practice to fee. coItlent that the crisis
will be overcome without jenDardng the existence
of the realm. Meanwhile "a speedy rea lju>,ment OF
parties seems to be inevitable. Parliament vii
cease to be divided into TWO parties, taking the
helm Alternately like the Pariiam nts OF tie t""-
timent il will be split up uto fragments ana theh
a time nav recnr when "+hc King in Council ' Will
have to undertake. the actual leadership.
1t will he obvious rom these extracts aud sum
marics that Professor Gnest is a sincere Hdmrer OF
many OF tho ars, ocraIic features in the British Con-
stitution; he has theories also with respect to the
proper relations of Church and state which are
much better adaptel to his country than to ours
Nevertheless, although we must dissent strongly
from some of his op.nIonS we cannot help adihIlng
t. depth of his research. the scope and clearnesS
of his view. and the extremely elective. simple,
straightforward manner IN which he has set tals
vast mass of learning refOTe Us.