THE BRITISH CONSTITUTION 2J

Contrast with this the U.S. Constitution, the best known example
of a "written" Constitution—i.e. one which is separate from the
rest of the law. Congress—the nearest U.S. equivalent to the
British Parliament—can make laws, but if these conflict with any
article in the Constitution, the Supreme Court can declare them
"unconstitutional". The Constitution itself can only be altered
by an elaborate procedure requiring the consent of 36 out of .the
48 States. Similarly, in France, the alteration of the "funda-
mental laws" requires the calling of a special Assembly, The
advantage of such a plan is that sweeping changes in the
Government cannot be made simply because one party gained
a victory at the last Election, perhaps oa some quite different
issue. It is a particularly suitable plan for a country formed
as a Federation of separate States; for the States might never
join the Federation unless they had a guarantee that their rights
could not be taken away by a mere majority vote. The British
North America Act for example forms a Constitution for the
Dominion of Canada, and was intended to protect the French-
speaking minority. The drawback to a fixed Constitution is
that it may prevent the law changing as quickly as is desirable.
When, in accordance with President Roosevelt's policy, Congress
made laws affecting conditions of labour, the Supreme Court
declared them unconstitutional; so a minority of the people,
by preventing amendment of the Constitution, could block the
reforms. The iSth century Constitution makers did not foresee
2Oth century industrial problems. The British Constitution
is called a "flexible" Constitution, as contrasted with "rigid"
Constitutions, like that of the U.S.A.

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WHAT IS UNCONSTITUTIONAL?

What meaning, then, has "unconstitutional" in Britain? There
is nothing equivalent to the U.S. Supreme Court. No British
court can declare a law unconstitutional; if a law had not been
made in the way laid down by the Constitution, it would not be
a law at all. It seems to follow that everything which is unconsti-