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The Probert Encyclopaedia of General Information

CONSTITUTION

A constitution is the fundamental law of a state, whether it be a written instrument of a certain date, as that of the United States of America, or an aggregate of laws and usages which have been formed in the course of ages, like the English constitution. The ideal constitution is that established by a free sovereign people for their own regulation, though the expediency of other forms at various stages of national development cannot but be recognized. The chief of these are: 1. Constitutions granted by the plenary power of absolute monarchs, or constitutions octroyees; such as Louis XVIII's Charte. 2. Those formed by contract between a ruler and his people, the contract being mutually binding - a class under which, in a great degree, the British constitution must be placed. 3. Those formed by a compact between different sovereign powers, such as the constitutions of the German Empire, of the United Provinces of Holland, and of the Swiss Confederation.

In regard to political principles, constitutions are; 1. Democratic, when the fundamental law guarantees to every citizen equal rights, protection, and participation, direct or indirect, in the government, such as the constitutions of the United States and of some cantons of Switzerland. 2. Aristocratic, when the constitution recognizes privileged classes, as the nobility and clergy, and intrusts the government entirely to them, or allows them a very disproportionate share in it. Such a constitution was that of Venice, and such at one time those of some Swiss cantons, for instance, Bern. 3. Of a mixed character. To this, latter division belong some monarchical constitutions, which recognize the existence of a king whose power is modified by other branches of government of a more or less popular cast. The British constitution belongs to this division.
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