ns in other countries. This fact is expressed in the proverbial
phrase--"England is the mother of parliaments." It would not be
difficult to show that the leading features of the constitutions now
established in other nations have been based on, or defended by,
considerations arising from the political history of England.

In one important respect England differs conspicuously from most other
countries. Her constitution is to a large extent _unwritten_, using the
word in much the same sense as when we speak of unwritten law. Its rules
can be found in no written document, but depend, as so much of English
law does, on precedent modified by a constant process of interpretation.
Many rules of the constitution have in fact a purely legal history, that
is to say, they have been developed by the law courts, as part of the
general body of the common law. Others have in a similar way been
developed by the practice of parliament. Both Houses, in fact, have
exhibited the same spirit of adherence to precedent, coupled with a
power of modifying precedent to suit circumstances, which distinguishes
the judicial tribunals. In a constitutional crisis the House of Commons
appoints a committee to "search its journals for precedents," just as
the court of king's bench would examine the records of its own
decisions. And just as the law, while professing to remain the same, is
in process of constant change, so, too, the unwritten constitution is,
without any acknowledgment of the fact, constantly taking up new ground.

In contrast with the mobility of an unwritten constitution is the fixity
of a constitution written out, like that of the United States or
Switzerland, in one authoritative code. The constitution of the United
States, drawn up at Philadelphia in 1787, is contained in a code of
articles. It was ratified separately by each state, and thenceforward
became the positive and exclusive statement of the constitution. The
legislative powers of the legislature are not to extend to certain kinds
of bills, e.g. _ex post facto_ bills; the president has a veto which can
only be overcome by a majority of two-thirds in both Houses; the
constitution itself can only be changed in any particular by the consent
of the legislatures or conventions of three-fourths of the several
states; and finally the judges of the Supreme Court are to decide in all
disputed cases whether an act of the legislature is permitted by the
constitution or not.

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