Walter Bagehot（ 1826-77 ）在 1867年出版 The English Constitution，說政體中的皇家等為 dignified層面，而首相、內閣、下議會等為 efficient層面。結果，他說的，都自肥成 dignified階層。只剩下一些 work study 與 method的人，或是專案幕僚為追求 efficiency。(2000年11月27日)
The English Constitution by Walter Bagehot 英國憲法北京商務2010
The English Constitution
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This article is about the book. For other uses, see Constitution of the United Kingdom.
The English Constitution is a book by Walter Bagehot. First serialized in The Fortnightly Review and later published in book form in 1867, it explores the constitution of the United Kingdom, specifically the functioning of Parliament and the British monarchy and the contrasts between British and American government. The book became a standard work which was translated into several languages.Contents
While Bagehot's references to parliament have become dated, his observations on the monarchy are seen as central to the understanding of the principles of constitutional monarchy. He defined the rights and role of a monarch vis-à-vis a government as threefold:- The right to be consulted;
- The right to encourage;
- The right to warn.
Walter Bagehot also praised that what we now refer to as a "parliamentary system" (which he termed "cabinet government"). At the same time, he mocked the American system for numerous flaws and absurdities he perceived, and its comparative lack of flexibility and accountability. In his words, "a parliamentary system educates the public, while a presidential system corrupts it."
He praised Parliament as a place of "real" debate, considering debates in the United States Congress to be "prologues without a play." Bagehot said the difference in the substance of debate was due to debate in Parliament having the potential to turn out a government, while "debates" in the Congress have no such potential import.
Bagehot also criticized the fixed nature of a presidential term and the presidential election process itself. "Under a presidential constitution the preliminary caucuses that choose the president need not care as to the ultimate fitness of the man they choose. They are solely concerned with his attractiveness as a candidate." He declared that the only reason America succeeded as a free country was that the American people had a "genius for politics".
Legacy
A column in the magazine The Economist is named after Bagehot. Bagehot also influenced Woodrow Wilson, who wrote Congressional Government under the influence of The English Constitution.Generations of British monarchs and heirs apparent and presumptive have studied Bagehot's analysis.Bogdanor, Vernon. The Moanrchy and the Constitution. 1997: OUP. pp. 41.
References
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- The English Constitution. Online text of the Walter Bagehot book at Project Gutenberg
- PDF version online version of the Bagehot book at McMaster University.
Walter Bagehot (
/ˈbædʒət/ BA-jət "Badgett"; 3 February 1826 – 24 March 1877) was a British businessman, essayist, and journalist who wrote extensively about literature, government, and economic affairs.Contents |
Early years
Bagehot was born in Langport, Somerset, England, on 3 February 1826. His father, Thomas Walter Bagehot, was managing director and vice-chairman of Stuckey's Banking Company. He attended University College London, where he studied mathematics and in 1848 earned a master's degree in intellectual and moral philosophy.[1] In April 1848, Bagehot was sworn as a Special Constable in anticipation of Chartist riots in London.[2]Career
Bagehot was called to the bar by Lincoln's Inn, but preferred to join his father in 1852 in his family's shipping and banking business. He wrote for various periodicals, and in 1855 founded the National Review with his friend Richard Holt Hutton.[3][4] Later becoming editor-in-chief of The Economist, which had been founded by his father-in-law, James Wilson, in 1860, Bagehot expanded The Economist's reporting on the United States and on politics and is considered to have increased its influence among policymakers over the seventeen years he served as editor. In honour of his contributions, the paper's weekly commentary on current affairs in the UK is entitled "Bagehot", just as its "Lexington" column addresses the United States, "Charlemagne" addresses Europe, "Banyan" addresses Asia, "Schumpeter" addresses business, and "Buttonwood" addresses financial markets.In 1867, he wrote The English Constitution, a book that explored the nature of the constitution of the United Kingdom, specifically the functioning of Parliament and the British monarchy and the contrasts between British and American government. The book appeared at the same time that Parliament enacted the Reform Act of 1867, requiring Bagehot to write an extended introduction to the second edition, which appeared in 1872. The book became an instant classic, has been translated into many languages, and is still available in scholarly editions from Oxford University Press (in its "World's Classics" series) and Cambridge University Press.
Bagehot also wrote Physics and Politics (1872), in which he coined the still-current expression "the cake of custom" to describe the tension between social institutions and innovations. In his contributions to sociological theory within historical studies, Bagehot may be compared to his contemporary, Henry James Sumner Maine.
Lombard Street (1873) explains the world of finance and banking and focuses particularly on issues in the management of financial crises. Bagehot’s observations on finance remain relevant and cited by central bankers, most recently in the wake of the global financial crisis that began in 2007. Of particular importance is "Bagehot's Dictum", oft cited by central bankers, it roughly states that in times of financial crisis banks should lend freely but only to solid firms and only against good collateral and at interest rates that are high enough to dissuade those borrowers that are not genuinely in need.[5]
Collections of Bagehot's literary, political, and economic essays were published after his death. Their subjects ranged from Shakespeare and Disraeli to the price of silver.
Every year, the British Political Studies Association awards the Walter Bagehot Prize for the best dissertation in the field of government and public administration.
Works
- The Collected Works of Walter Bagehot: Volumes 1-15, ed. Norman S. John-Stevas, New York, Oxford U. Press, (1986) ISBN 0-85058-039-0
- Emily (Mrs Russell) Barrington, ed., The Works and Life of Walter Bagehot, in 10 vols. London, Longman, Green (1915) On line.
- The Postulates of English Political Economy, with a Preface by Alfred Marshall, London, Longmans Green & Co. (1885); Google Books, online
- Economic Studies, ed. Richard Holt Hutton, London, Bombay and Calcutta, Longmans, Green (1879); New York, Augustus M. Kelley (1998) ISBN 0-678-00852-3
http://en.wikipedia.org/wiki/Constitution_of_the_United_Kingdom
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雖然英國憲法不是具體法律文本，但實際其大部分內容還是以成文法形式出現，包括由議會通過的法例、法院的判例和國際公約等等。除此之外，英國憲法的法律淵源還包括英國議會慣例和國王特權。
英國憲法的根基是「議會至上」原則。所謂「議會至上」，是指法案一旦獲議會通過，便具有不可動搖的權威。憲法並沒有像其他國家如美國、法國獲賦予至高無上地位；相反，理論上英國議會可以以通過一項普通法案的方式對英國憲法的內容加以改變。
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