Moral Philosophy by S. J. Joseph Rickaby
page 296 of 356 (83%)
page 296 of 356 (83%)
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7. The smallest State in the world is the little republic of Andorra
in the Pyrenees. Though it be a paradox to say it, there is as much political power in Andorra as in Russia,--one and the same measure of it in every State. In every State there is power for civil good to the full height of the emergencies that may arise. The same emergencies may arise everywhere, and everywhere there is full power to see that the commonwealth take no harm by them. 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. It may be contended that such a government as we have in England, which is theoretically competent to pass any law within the limits of the natural law, has a greater range of power than a government whose operation is limited by |
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