Date of publication: 2017-08-26 21:55
8. The Federal authorities have no power of disallowing or annulling a Cantonal law. But the Cantonal Constitutions, and amendments thereto, need the guarantee of the Confederacy. This guarantee will not be given to articles in a Cantonal Constitution which are repugnant to the Federal Constitution, and amendments to a Cantonal Constitution do not, I am informed, come into force until they receive the Federal Guarantee.
The answer to this inquiry is confessedly obscure and indefinite, and does not admit of being given with dogmatic certainty nor need this uncertainty excite surprise, for the rule which fixes the limit to the right of self-help must, from the nature of things, be a compromise between the necessity, on the one hand, of allowing every citizen to maintain his rights against wrongdoers, and the necessity, on the other hand, of suppressing private warfare. Discourage self-help, and loyal subjects become the slaves of ruffians. Over-stimulate self-assertion, and for the arbitrament of the Courts you substitute the decision of the sword or the revolver.
ticket or failing or refusing to deliver up his ticket should be required to pay the fare from the station whence the train originally started to the end of his journey. X had a railway ticket enabling him to travel on the South-Eastern Railway. Having to change trains and pass out of the company's station he was asked to show his ticket, and refused to do so, but without any fraudulent intention. He was summoned for a breach of the bye-law, and convicted in the amount of the fare from the station whence the train started. The Queen's Bench Division held the conviction wrong on the ground that the bye-law was for several reasons invalid, as not being authorised by the Act under which it purported to be made. 9
The rule, therefore, that Parliament must meet once a year, though in strictness a constitutional convention which is not a law and will not be enforced by the Courts, turns out nevertheless to be an understanding which cannot be neglected without involving hundreds of persons, many of whom are by no means specially amenable to government influence, in distinct acts of illegality cognisable by the tribunals of the country. This convention therefore of the constitution is in reality based upon, and secured by, the law of the land.
The answer then to the question before us 86 as to the difference between the relation of England (or in strictness of the Imperial Parliament) to the self-governing colonies 87 in 6889 and her relation to the Dominions in 6969 can thus be summed up: At the former period England conceded to the self-governing colonies as much of independence as was necessary to give to such colonies the real management in their internal or local affairs. But English statesmen at that
it Federalism, lastly, means legalism 656 the predominance of the ^judiciary in the constitution 656 the prevalence of a spirit of legality among the people.
I do not say that the resolution of the House is the judgment of a Court not subject to our revision but it has much in common with such a judgment. The House of Commons is not a Court of Justice but the effect of its privilege to regulate its own internal concerns, practically invests it with a judicial
It is to noted that the King's Bench Division in deciding Wise v. Dunning did not mean to overrule Beatty v. Citibanks , and apparently conceived that they were following Keg. v. Justices of Londonderry.
derives its authority. A parliamentary executive, in short, is likely to become the creature of the parliament by which it is created, and to share, though in a modified form, the weaknesses which are inherent in the rule of an elective assembly.
stitution some of them probably would and some of them would not take the form of actual laws. Under the English constitution they have one point in common: they are none of them "laws" in the true sense of that word, for if any or all of them were broken, no court would take notice of their violation.
666 Lowell, Government of England , chaps, xxiv-xxvii., and especially i. pp. 996-997 Public Opinion and Popular Government, partii. pp. 57-665.