Page:  of 322
 

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-

Questia, a part of Gale, Cengage Learning. www.questia.com

Publication Information: Book Title: The Governance of England. Contributors: Sidney Low - author. Publisher: T. Fisher Unwin. Place of Publication: London. Publication Year: 1904. Page Number: 173.
    
This feature allows you to create and manage separate folders for your different research projects. To view markups for a different project, make that project your current project.
This feature allows you to save a link to the publication you are reading or view all the publications you have put on your bookshelf.
This feature allows you to save a link to the page you are reading, which you can later return to from Projects.
This feature allows you to highlight words or phrases on the publication page you are reading.
This feature allows you to save a note you write on the publication page you are reading.
This feature allows you to create a citation to the page you are reading that you can paste into your paper. Highlight a passage to include that passage as a quotation.
This feature allows you to save a reference to a publication you are reading for your bibliography or generate a bibliography you can paste into your paper.
This feature allows you to print the page you are reading, including your notes or highlights (IE users must have "print background colors and image" setting selected.)
This feature allows you to look up words in encyclopedia.
  About Questia Tools
Close Window  
Questia's powerful research tools allow you to highlight, take notes, bookmark and even create instant citations and bibliographies. To use these features and save hours of work, you must create a Questia account.
Need a Questia account?
Sign up for a FREE trial now. Save time, stress and hassle, and get better grades with trusted, online research.

» Click here for our free trial

Already have a Questia account? Login now!
Error
Working...
Printing Preferences
Format for black and white printer: On Off
Print highlights: On Off
Print notes: On Off
Choose one of the options for printing:
Print this page (No Charge)
Print pages to