[The Constitutional History of England From 1760 to 1860 by Charles Duke Yonge]@TWC D-Link book
The Constitutional History of England From 1760 to 1860

CHAPTER VII
20/24

There is no one document--not Magna Charta, nor the Petition of Eight, nor the Bill of Rights--which can be said to contain the whole of the British constitution.

Its spirit and principles are, indeed, to be found in all the laws, to which they give animation and life, but not in any one law.
And among its leading principles are those which embrace the right of every individual to freedom of action and freedom of speech, so long as he does not commit any crime himself, nor tempt others to do so.

Yet it does not follow that a new enactment which for a while abridges or suspends that freedom of action or speech is inconsistent with those constitutional principles.
Ministers, to whom the government of a country is intrusted, do wrong if they limit their operations to the punishment of offences which have been committed.

It is at least equally their duty, as far as possible, to prevent their commission; to take precautionary measures, especially at times when there is notorious danger of offences being committed.

At the same time they are bound not to legislate under the influence of panic; not to yield to fears having no substantial ground.


<<Back  Index  Next>>

D-Link book Top

TWC mobile books