rges, or to try anyone except by ordinary
course of law in the regular Courts, should be discontinued. The Reign
of Law must be re-established to control the executive Government as
well as the private citizen. Nothing is more infectious than a habit of
substituting arbitrary will for law. Tyranny breeds anarchy, and anarchy
tyranny in regular succession, and "the authority of one man over
another not regulated by fixed law or justified by absolute necessity is
tyranny." With the advent of Peace "_Dora_ must disappear."
Even before the War there had been a tendency, on the one hand, to
substitute administrative action for regular judicial procedure, and, on
the other, to allow certain associations to act without regard to law,
to injure individuals and infringe their rights without remedy. That
tendency must be checked or liberty will be destroyed. Law and liberty
as well as law and order are correlative terms. A real control over
expenditure must be re-established and made more effective than it was
even before the necessities of war in our unprepared condition made the
present hand-to-mouth procedure to some extent excusable. The
happy-go-lucky way in which new Ministries and new departments with
vague and ill-defined but enormous powers have been created must come to
an end. We should have some definite and recognised method of
authorising changes in the system of Government. To set aside the
Cabinet which, although it had no legal position, had powers sanctioned
and established by long constitutional custom, and to concentrate
authority in a small body selected and increased or diminished from time
to time at the will of a Prime Minister, was probably necessary for
successful prosecution of the War, but nothing else could justify some
of the irregularities that have been committed.
Doctrines have been put forward sometimes in the Courts during the War
by counsel representing the Crown--i.e., in effect some Ministry--which
would have seemed questionable even in the days of the Stuarts. The
whole of the special War Legislation, both Statutes and Orders of all
kinds, will require to be revised and, unless there is strong reason to
the contrary in any special cases, repealed. The burden of proof should
be on those who think any of this exceptional legislation should be
retained. Of course, care must be taken, especially in matters affecting
commerce and industry, to give due notice of alterations and to change
gradua
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