Excerpt from The Government of England: Its Structure and Its Development
The English Constitution forms a part of the Common Law. Our government by King, Lords, and Commons, the mutual relations of these several powers, our Constitution courts of law and of equity, our great offices of State, are all, and from their earliest rudiments have been, known to the law, and recognized by it. Obvious as this proposition now appears, it has not always been followed in practice; even yet, perhaps, it sometimes is not thoroughly understood. To the ingenious inventors of paper constitutions in the last century the unwritten traditions of our political system supplied a favourite subject for sarcasm and contempt. These politicians could not believe in any system of polity which was not expressed in words and figures; where there was no delicate adjustment of powers, and where the right of men to cashier their rulers was not prominently set forth. But the law of political conditions, like the law of property or the law of obligations, or any other portion of our jural system, needs not the formal statement of a code. "That ancient collection of unwritten maxims and customs," of which this branch of our law forms a part, has its own inherent vitality. It is no subtle contrivance of human art, but is one of the forms in which national life is manifested.
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