The sun. [volume] (New York [N.Y.]) 1833-1916, 1905-02-05
SONE NEW BOOkS.
mas England a Constitution .

sense which the word bears in the ntet
States where the Federal organic law
Framed az Philadelphia. derives it's Sanction
from conventions of the people in the seyera
States, or in France. where tho organic
law is set forth in the act passed in 1871
by the National Assembly. which act car
only be amended by the two houses OF
Parliament meeting in joint session at
Versailles. and thus recon-ttuting n Ma
tional Assembly or in Italy, where the
organic law Of the monarchy is set forth
in the statute" AZ De Tocqueville said
somewhat petulantly, after vain attempt
so discover an authoritative text the So
called English Constitution n'eristc foW
There is, indeed, no doubt that for all
foreigners and for all colonials the em-
ployineut Of the word institution TO
designate the hucWatinG and flexible polit-
ical system hy which the nlted Kingdom
Is governed il misleading EngliHhmen
themselves are not agreed at any gwen
period about the signlhcaiion 81 the word,
and in one generation widely different
opinions prevail concerning 1t from those
which are current In another Sir william
Blackstone's exposition was obsolete before
IL was printed. 1t did not even represent
-the-etat a Of things which had existed under
Sir Robert Walpole Halam was out Of
date long ago. and Erskno NAV supple
ment To Haiiam would scarcely be quoted
to-day to settle oontroverted question
Nobody. of course disputes the value of
other books with which we are familiar.
the writings Of Hearn. Todd Bagehot and
Dicey. about what for compendiousness
and convenience. they all call the British
Constitution lnasmuch. however, as tho
English system of Government has beneath
il no other sanction than TINT which CON
socrates statute. and inasmuch as, for its
emendation it requires recourse 10 no
slow. cumbrous and difficult process. but
can be changed az quickly az an ordinary
lawns the system, in other words. is
growth. continually undergoing develop
ment, book dealing with the subject
that ia illuminative and useful to-day. may
fnd itself superseded to a considerable
extent thirty, twenty. even ten years hence.
or the four authors mentioned three wrote
their works before the Reform act OF 1897;
the first edition OF Dicey's treatise was
brought out in 1885, and Sir William Ansons
book entitled "The Law and Custom OF the
Constitution" was composed in 1885. Many
things have happened In the interval that
have left their impress upon Great Britain's
public polity. There is therefore. ample
warrant for again taking stock of the con
siitutiona" situation
This is the reason. and it is an ample one
for the existence of the new book, The
GorerEdncc Of England by SIDNEY Low,
Of Balliol College. oxford. and Kings Col
lege. London CPutnamsl. The author points
out in his first chapter that the difficulty
encountered by foreigner IN coinpre-
bending what English people mean when
they talk about their constitution" goes
beyond the obvious difference between
an unwritten constitution and one embodied
in fundamental acts or organic laws not
capable of being changed 10y ordinary
legislation, As n matter OF fact much
Of the British Constitution il written and
printed As Maine pointed ont long ago
many of the powers OF the Crown. many
Of the powers Of the House OF Lords, in
Guiding the whole OF its judicial powers:
much Of the constitution Of the House
Of Commons and the entire relation OF
that body to the electorate have been
defined by acts OF Parliament. What
really makes the British "Const itution
unique is not the fact that much OF it 10
unwritten, but the fact that it i all flexible
being susceptible OF change at the hands
of the ordinary Legislature II * doubtful
whether anything Is itaTo aires when done
by tho Imperial Parliament OF Britain or
by the Executive Government under it,
presumed authority. Whether there be
any constitutional limitations 70 the power
of Parliament Is a question of opinion
and OF opinion that varies from time 10
time. The assertion has been made for
instance, that the ACT of Union between
England and Scotland and the subsequent
Act OF Union between Great Britain and
Ireland are organic laws that cannot be
changed, like ordinary statutes. by an act
OF the Parliament at Westminster. As
matter OF fact. however both laws have
been changed by acts OF that same Parlia-
ment There ia no doubt that the institu-
ton Of ldngship in England. which is print
tive and Fundamental II anything il. could
be annihilated by bin which should pass
both houses of Parliament and which
should be signed by II liberty loving SOW
ereign IL the British Peers should ever
become so animated with republican priu-
cIples az were the French mobiles who formed
ono OF the Estates OF the States General
that met at Versailles in 1889. they might
at any moment concur with the Commons
In the passage OF n bill abolshng the House
81 Lords az n separate chamber II II be
true. then, that there is absolutely nothing
which British Parliament cannot do. Is il
not more exact 90 admit that England has
no constitution. but simply an omnipotent
national Legislature. consisting Of king,
lords and commons;