These unwritten rules, which limit the use of lawful powers, are,
however, only effectual, and maintain themselves in existence, on
condition of harmonising with the actual distribution of real
political strength. There is in every constitution a strongest
power- one which would gain the victory if the compromises by which
the Constitution habitually works were suspended and there came a
trial of strength. Constitutional maxims are adhered to, and are
practically operative, so long as they give the predominance in the
Constitution to that one of the powers which has the preponderance of
active power out of doors. This, in England, is the popular power.
If, therefore, the legal provisions of the British Constitution,
together with the unwritten maxims by which the conduct of the
different political authorities is in fact regulated, did not give
to the popular element in the Constitution that substantial
supremacy over every department of the government which corresponds to
its real power in the country, the Constitution would not possess
the stability which characterises it; either the laws or the unwritten
maxims would soon have to be changed. The British government is thus a
representative government in the correct sense of the term: and the
powers which it leaves in hands not directly accountable to the people
can only be considered as precautions which the ruling power is
willing should be taken against its own errors.
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