Studies in Constitutional Law: France--England--United States

Cover Studies in Constitutional Law: France--England--United States
Studies in Constitutional Law: France--England--United States
Dicey, Albert Venn, 1835-1922
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3, and Story On the Constitution (4th éd.), es. 742—813 (d).] 88 STUDIES IN CONSTITUTIONAL LAW [part n But this is a clumsy and unwieldy weapon which, except in case of open treason, is only fit to be shelved in a museum of constitutional antiquities. The ministry can therefore remain in office against the wish of Congress and lead the country into a course of action which they disapprove, provided the President agrees with them, and this agreement could be prolonged through the whole of a Pres...idential term, i.e. four years. This state of things strikes one as giving rise to a permanent state of conflict established by the Constitution itself.
A legislature systematically hostile, which cannot overturn the Government, can yet prevent it from governing by refusing to pass laws or to grant necessary supplies. For this case the English Constitution pro- vides another way of re-establishing harmony, that is the dissolution of Parliament, followed by fresh elections.
Either the old majority remains, or it gives way to a new majority favourable to the ministers ; according to the result they remain in office or retire from it.


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