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erhaps may we find the chief contribution of England to political progress, in the doctrine of the supremacy of law over arbitrary power, in the steady assertion of the principle that every exercise of executive authority may be tested in a court of law to ascertain whether or no it infringes the rights of the subject... It was this guarantee of personal civil rights that most excited the admiration of Continental observers in the eighteenth century, and caused the British Constitution to be taken as the pattern which less fortunate countries should try to imitate. If it be said, and truly said, that this fundamental principle could not have been maintained in England without the assertion by the Parliaments of the fifteenth and, again more forcibly and persistently, by those of the seventeenth century, of control over the power of the Crown, it is to be remembered that their efforts might not have succeeded had not the earlier resistance to that power by the men who secured Magna Carta created and fostered in the minds of the upper and middle classes that firm and constant spirit of independence, that vigilant will to withstand the aggressions of the executive, which overthrew Charles the First and expelled James the Second. (en) |
