Questions of constitutional
morality are of no less practical moment than those relating to the
constitution itself. The very existence of some governments, and all
that renders others endurable, rests on the practical observance of
doctrines of constitutional morality; traditional notions in the minds
of the several constituted authorities, which modify the use that
might otherwise be made of their powers. In unbalanced
governments- pure monarchy, pure aristocracy, pure democracy- such
maxims are the only barrier which restrains the government from the
utmost excesses in the direction of its characteristic tendency. In
imperfectly balanced governments, where some attempt is made to set
constitutional limits to the impulses of the strongest power, but
where that power is strong enough to overstep them with at least
temporary impunity, it is only by doctrines of constitutional
morality, recognised and sustained by opinion, that any regard at
all is preserved for the checks and limitations of the constitution.
In well-balanced governments, in which the supreme power is divided,
and each sharer is protected against the usurpations of the others
in the only manner possible- namely, by being armed for defence with
weapons as strong as the others can wield for attack- the government
can only be carried on by forbearance on all sides to exercise those
extreme powers, unless provoked by conduct equally extreme on the part
of some other sharer of power: and in this case we may truly say
that only by the regard paid to maxims of constitutional morality is
the constitution kept in existence.
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