The sun., 1908-06-21

4 begins by recalling De Tocquevilles decla-
Sgretion that no such thing as an English
eConstitution really existed. This>assertion
= he made becavee In his mind the word
4 ~constitution' meant a perfectly definite
= thing, to which nothing In England con-
formed. Our author points out, however.
what 10 too often overlook ed, that q CLOSE
1examination Of modern Governments shows
Z that the thing is by no means 30 definite
- has sometimes been supposed. The
term Constitution is Usually applied to
an attempt to embody in a single authorita-
tive document dixie our own Federal Con-
B sstitution OF 1857 the fundamental political
45nstitutions of given State. Such an at
stempt, however. Is rarely II ever completely
&successful Often IL happens after some
time has paesed that the Constitution no
longer corresponds fully with the actual
government of the country concerned.
In France. fer example, the principle that
Cabinet can stay' in office only so long
Ms II retains the confidence of the popular
.chanber, the principle. in other words,
4 OF Ministerial accountability TO the peo-
! PIES most direct representatives. was not
sven mentioned in the charters of 1914
and 1880; yet certainly it was firmly estab-
lished In the reign of Louis Philippe. We
*are also reminded by Prof. Lowell that the
ssamc principle on which as a matter Of
41act tho whole political system Of the
English self-governing colonies is based
appears In 30 many words neither in the
4 British North America act nor in the Aus
i tralian Federation act. The first Of these
ssetatutes speaks Of a Privy Council for Can
aeda, but never Of a Cabinet or Of Ministers;
kwhile the Australian act. although 1t goes
70 step further by referring to the Queens
sEiinisters OF State ignores their re-
Responsibility to the Parliament Of the Com
Amcnweaith. So. too, In the United States
3khe constitutional provision that the cleo
Htcral colleges shall choose the President
mas become so modified in practice that
&the Presidential electors in given State
Unjust vote for the candidate nominated
hfn that State by the party to which they
lowe their own election. In choosing
president they have become by the force
Aof custom and in defiance Of our Federal
kConstitution as much q mere piece OF rneoh-
mnism as has the Crown In England when
he gives assent to acts passed by the two
fHouses of Parliament. Such assent is
pompulsory, now that the royal veto which
once existed has become extinct by nom
use since the reign OF Anne. So far. there
4ore, ~ the modification OF q nations Or
GAnio law by custom and independently
q any formal emendation Ii concerned
she Constitution of England differs from
ithose Of other countries rather In degree
than IN kind
Too much stress also may be laid upon
H&he alleged contradiction between written
band unwritten. or, as Mr.. Bryce has pre-
ferred 10 put 1t, rigid and flexible. constitu-
tions. The differentiation Of so-caled con-
SSss.suent from law making powers. the insti-
tution Of a peculiar process OF emendation
for organic laws. does not present an en-
Z tireIy exact basis OF classification. This Ia
one OF the points which among Americans
d Prof. Lowell is the first to raise. He de-
Ynonstrates that the later consttu tons and
the more recent practice have tended to
obscure the distinction. As q matter OF
Z fact, q separation between the constituent
and the Law making powers does not always
exist In written constitutions. For exam
pie the lt1lian Statute. which contains no
Z specific provision for it's own amendment.
can be and In eject has been altered by the
s ordinary process Of legislation. The same
thing was true Of the French Charter OF
JssO. The last Spanish Constitution omits
& all prov ision for amendment. but Prof.
Lowell thinks that wc are justified in assum
. ing that IL it lasts long enough to require
+ amendment the changes will be made by
ordinary legislative process.
a From countries which can change their
fundamental constitutions by the ordinary
process Of legislation. the author Of this
/ work shows that we may pass by almost
! imperccptible degrees to those countries
where tho constitutional and law making
u Fw<s~.- IL -. l.. A..tl-
The degrees are impercoptible because in
!. Prussia the procedure for changing the
Constitution differs from that provided for
& me enactment Of laws only by require
inent In the former case Of two readings at
an interval OF twenty .one days. Here
.nee Is difference legally perceptible
oeswee7 the rncthod Of changing the Con-
& sntuton and that Of chan ging ordinary
statutes. bat in practice tho fundanneatal
iNws are quite ~ much apdsr ths control
it