for the purpose. Parliament is, from the legal point of view, the absolute sovereign of the British Empire: "since every Act of Parliament is binding on every court throughout the British dominions, and no rule, whether of morality or of law, which contravenes an Act of Parliament, binds any court throughout the realm." * But the political, as dis- tinguished from the strictly legal, sovereignty, is with the electoral body. The electorate is the real "sovereign" in England, and the conventions of the Constitution are supposed to maintain its supremacy. "Our modern code of constitutional morality secures, though in a roundabout way, what is called abroad the Sovereignty of the People." † And to that sovereignty no limits are set. Demo- cracy in America could not impair the validity of contracts, or prescribe a redistribution of all private property. But if the great majority of the English electorate were persuaded that such innovations were desirable, they could have them carried into effect by the ordinary process of legislation. There is no bar to the unchecked authority of the demos, such as is presented in the United States, not merely by the Constitution, but by the position of the President: and in the monarchical countries of Continental Europe by the control over adminis- tration exercised by sovereigns who are practically their own prime ministers. In Great Britain, the Executive is supposed to ____________________ | * | Dicey, The Law of the Constitution, p. 357. | | † | "A dissolution," adds Professor Dicey, "is in its essence an appeal from the legal to the political sovereign. A dis- solution is allowable or necessary whenever the wishes of the Legislature are, or may fairly be presumed to be, different from the wishes of the nation." | -173- |