What a great empire can do for
this purpose, _e.g_., proclaim martial law, search houses, lay an
embargo on the means of transport, impress soldiers, the same can the
tiniest commonwealth do in the like need. And the ordinary functions
of government are the same in both.
8. This seems at variance with the theory of some constitutions,
according to which there are certain so-called _fundamental laws_,
which the legislature cannot call in question, nor deal with in any
way, but must take them in all its deliberations for positions
established and uncontrovertible. The British Constitution recognizes
no fundamental laws. There is no reform that may not legally be
broached in Parliament and enacted there. Parliament is said to be
"omnipotent," "able to do everything, except to make a man a woman."
But in many legislatures it is not so. At Athens of old there were
certain measures which no one could introduce for discussion in the
Sovereign Assembly without rendering himself liable to a prosecution
[Greek: graphae paranomon]. And there have been many monarchs termed
absolute, who yet were bound by their coronation-oath, or by some
other agreement with their people, to preserve inviolate certain
institutions and to maintain certain laws.
Pages:
420
421
422
423
424
425
426
427
428
429
430
431
432
433
434
435
436
437
438
439
440
441
442
443
444