"The fundamental laws," says Vatel, "are
excepted from their (legislators) commission," "nothing leads us
to think that the nation was willing to submit the constitution
itself to their pleasure." "They derive their authority from the
constitution, how then can they change it without destroying the
foundation of their own authority?" If then according to Lord
Coke, Magna Charta is declaratory of the principal grounds of the
fundamental laws and liberties of the people, and Vatel is right
in his opinion, that the supreme legislative cannot change the
constitution, I think it follows, whether Lord Coke has expressly
asserted it or not, that an act of parliament made against Magna
Charta in violation of its essential parts, is void. - "By the
fundamental laws of England, says Vatel, the two houses of
parliament in concert with the King, exercise the legislative
power: But if the two houses should resolve to suppress
themselves, and to invest the King with the full and absolute
government, certainly the nation would not suffer it, "although it
was done by a solemn act of parliament. But such doctrine is
directly the reverse of that which Chronus holds; which amounts to
this, that if the two houses should give up to the King, any, the
most essential rights of the people declared in Magna Charta, the
nation has not a power either de jura or de facto to prevent it.
Pages:
380
381
382
383
384
385
386
387
388
389
390
391
392
393
394
395
396
397
398
399
400
401
402
403
404