Page:Studies in constitutional law Fr-En-US (1891).pdf/33

iii] Lords and House of Commons) lies outside the domain of written law. All these important matters, which are the very centre and soul of constitutional law, are regulated in England by simple custom; whilst in France a great deal of effort, discussion, and public feeling has been spent upon them by statesmen.

Now let us examine the constitutional texts and see what they say, for example, about the powers of the Cabinet, that pivot of the parliamentary system and centre of political action. According to Blackstone, Hallam and Macaulay, not only the existence, but the very name of a Cabinet is unknown to written law. What of the annual sitting of Parliament? It is not mentioned in any statute. What of the division of Parliament into two Houses? The practice began of itself prior to 1350, and has gone on since that time without being enforced by any law. What of the right of priority of the House of Commons in matters of taxation? This right is entirely founded upon custom. In the French Constitution, and in that of the United States, there are express stipulations about it. What of the other powers and privileges of the House of Lords and House of Commons? They are like disputed territories, always being taken and retaken with no fixed legal frontier. What of the royal prerogative in matters of military organization? No text defines it. The written law is silent on all these and like matters, that is, generally on all that concerns the action of the great public powers. If any dispute arises the answer to it C 2