1940-05-24 — Page 21

THE CHINA MAIL, MAY 24, 1940.

EMPIRE DAY AND THE BRITISH CONSTITUTION

The term "British Constitution" has Another point in the British Con- about it a mystery and a touch of awe.stitution is that every person is equal It is the foundation of political liberty and the source whence are drawn our ideas of liberty, "Government by con- sent of the governed", is the cm- bodiment of that principle for which Great Britain is now fighting. Her downfall would mean, not only the conquest of territory by aggressive forces, but the end of all that the world has held dearer than life itself -individual freedom.

It is this struggle to defend these principles that makes the subject the British Constitution of great importance to-day.

The Constitution is, like most Bri- tish things, of haphazard growth. It cannot be found in a body of rules like that of the U.S.A., the French Constitution or others. It is a simple and unwritten Constitution. There are text books dealing with it, of course, but what is called the law of the Constitution is traceable in 'Magna Charta', the Habeas Corpus Act, the Act of Settlement, Observations of famous judges, statesman and writers and the Parliament Act of 1910.

It is a "flexible" con- stitution, which means in plain language that it can adapt it- self to any political situation. For instance, if a communist parliamen- tary majority were to emerge as the result of a general election, at any time in Great Britain, notwithstand- | ing that Communism means a com- plete political or economic revolution, it could work quite well and without difficulty within the British Constitu- tion. Parliament can do anything. Its power and adaptability is supreme and a wit once said that "Parliament could do anything but make a man a woman or a woman a man."

In the Constitution of the United States or any other democratic coun- try, before any substantial change can be effected a nearly unobtainable majority must be secured. The truth of this may be seen in the fact that since the American Constitution was promulgated in 1780, there have not been more than twenty amendments

made.

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THE 2ND ANNIVERSARY'S

GREAT SALE

before the law and must be tried strictly according to law and, when the Government is a litigant before the courts, it stands on precisely the same footing as any ordinary indivi- dual. The. Government cannot resort to a special law as it can in France. This is possible on account of the in- dependence of the judges, who are appointed for life and can only be removed for unfitness, They are independent, of King, Lords and Com- mons and are the greatest protection for the liberty of the subject.

In the U.S.A. and many other coun- tries this is not the case and judges change with the change of govern- ment. This means that the President can appoint men professing his own political opinions. In fact, the Feder- al Supreme Court can control the ac- tivitles of Congress as the latter's powers are defined under the Con- stitution.

•

The three component parts of the British Constitution Include the King, the House of Lords, and the House of Commons. A bill becomes an Act of Parliament after three readings, after which it goes to the House of Lords. Since the Parliament Act 1910, the Lords may not reject a bill and their suspending power is curtailed, so that any bill which has passed the Com- mons in three successive sessions and which has been sent to them at least a month before the end of the session, even if turned down by them, becomes law without their consent after the Royal Assent has been given.

Page

The Hon. Mr. R.A.C. North Inspecting students of the Aberdeen In- ⚫dustrial School.

The Cabinet which has to decide on any question of policy must be upheld by the whole Cabinet; should a mem- ber disagree, he must resign. The Prime Minister is the King's principal advisor, President of the Cabinet and Leader of the House of Commons. A most tremendous responsibility weighs upon him as he may be said to be virtual governor of Britain and the Empire. Paradoxically enough there is actually no such office as Prime Minister and the use of the term is found only once in the laws.

is the Rule of Law that is the main- spring of the Constitution and it is the judges in the last resort that en- force the law between man and man.

This British heritage is a precious one and though most English people accept it, often unthinkingly and as a matter of course, any threat to it is sufficient to bring the entire Empire together in its defence Swinburne, the great English poet, recognized what it meant when he wrote.

our

and

"All our past' acclaims future; Shakespeare's voice Nelson's hand, Milton's faith and Wordsworth's trust in this our chosen and chainlses land, Bear us witness; come the world against her England

STOCK MARKET IMPROVEMENT

The Act of Settlement 1689 formed a big landmark in the British Consti- tution. One of the main features of The position of the King in rela~ this act was that the British monarch tion to the Government is that the has to profess and protect the Pro-yet shall stand. functions of Government are left to testant faith and he swears at his the Cabinet and Administration. | Coronation to do this. Again under Everything the King does is done on the same act, it is provided that a the advice of his ministers so that he standing army in time of peace is cannot be criticised, or censured and illegal. This difficulty is got over his name is kept out of politics. The every year by enacting the Army King has thus little actual power, but | Law. he can have considerable influence. The Habeas Corpus Act is another The so-called Royal Prerogative safeguard to the liberty of the sub- exists in little more than name, but ject. Under it a person charged with Emergency Powers Act was reflected in he has the right to warn a minister a criminal offence cannot remain in- about the probable consequences of definitely in prison and if the prosecu- securities on the Stock Exchange yes- the sharp improvement of gilt-edged

any line of policy.

tion fails to proceed to trial, the Ha-terday together with smaller improve- beas Corpus is applied under which the prisoner must be produced and his unqualified release obtained un- less the trial goes on.

利得亨

Thus political and personal liberty is safeguarded and guaranteed through the instrumentality of the judges. In fact, it is not too much to say that it

London, To-day.

Favourable reception of the

ments in other groups.

new

Although there was profit-taking, together with the . natural reaction caused by the late reduction of early gains final prices were still substan- tially higher on the day.

Wall Street was strong.

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