CHAPTER II

THE BRITISH CONSTITUTION

What is a Constitution?

Rule of Law

Administrative Law

An Unwritten Constitution

What is Unconstitutional?

The Defence of Liberty

Old and New in the Constitution

WHAT IS A CONSTITUTION?

In every State the powers of governing and controlling the
Government must be given to some definite set of persons, and
it must be clear how those powers are to be used* So in every
State there are rules to settle these questions, giving powers to
Kong, or President, Parliament or People* These rules are the
CONSTITUTION of the State.

Constitution must be distinguished from law. In Britain
there is a law which requires public houses to be closed at certain
hours; another law compels Parliament to be dissolved not more
than five years after its election. The former of these laws is
simply a rule made for what is thought to be the convenient
arrangement of everyday affairs; it takes for granted that there
will be policemen to watch public houses, magistrates and judges
to deal with offenders*-in fact, the whole machinery of Govern-
ment The latter law, however, is concerned with this machinery
itself, and is known as a constitutional law. Constitutional law,
therefore, makes the machinery of Government; ordinary laws
use it for whatever purposes are thought fit. This distinction is
found not only in the laws of States, but in the rules of any
society. A debating society will probably have a rule forbidding

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