Fusion And Balance:The Logic Of Power In “ The English Constitution”

Walter Bagehot, the British jurist, believed that the British Constitution includes two parts: " the dignified part ", Monarch and the House of Lords; " the efficient part ", the Cabinet and the House of Commons. At the same time, the effective secret of the British constitution, is that “ the nearly complete fusion” between administrative power and legislative power. These views provide much material for thought: why the British Constitution is divided into " dignified " and " efficient " two parts? The two parts have their power, and what is the connection between them? In addition, how to form a fusion between the administrative and legislative powers? Can it be counterbalanced? This paper grasps the problem consciousness to Bagehot "the British constitution" as the text, in combination with historical background, on the basis of detailed analysis Bagehot’s logic of power. In this paper, the main content includes an introduction, tail theory and four chapters.The part of introduction mainly introduces the research origin, research perspectives and research methods, and made a brief review and analysis about the domestic and abroad research status.In the first chapter, chose "the British constitution" as the breakthrough point, explore the power of Monarch, the House of Lords, the Cabinet and the House of Commons. First of all, starting from Bagehot’s learning experience and the article gist of "the British constitution", determine the analysis path of Bagehot that is based on empirical research, the research object is the actual operation situation of the Constitution. Second, recalling the political struggle in the 1832 British parliamentary reform process, combined with the parliamentary reform bill, to explore the changes in the power of the monarch and the parliament and the way in which they exercise their powers. Finally, recalling the process of the 1867 parliamentary reform and as a result, further clear power changes of Monarch, the House of Lords, the Cabinet and the House of Commons and the way of exercise power.In the second chapter, according to the British Constitution " the dignified part " and " the efficient part " partition method, explain why the administrative and legislative power fuse eventually. First, the " dignified " and " efficient " represents the reason of legality and effectiveness of English Constitution: the Monarch and the House of Lords by virtue of the divinity(divine right of Kings) and aristocratic temperament attracted people’s reverence and conviction, the Cabinet and the House of Commons have the administrative power and legislative power to safeguard the implementation of the constitution. There is a clear division between the two parts and they cooperate with each other, it constitutes the first condition of the fusion of power. Second, the Monarchy has only(ceremony) formality power, the House of Lords has only(legislation) suspending power, both of them combine closely in English culture atmosphere of the conservatism and following tradition, and it forms another condition of the fusion of power. Third, the cabinet is responsible for the administration, the House of Commons is responsible for legislation, but due to the cabinet in the House of Commons and the House of Commons was majority controlled by the leadership of the cabinet, so that the cabinet become the "button" that connected to the administrative and legislative powers, the special phenomenon that administration leads legislation and legislation ensures administration come out, eventually prompt the fusion between administrative and legislative powers.In the third chapter, the checks and balances of power from two aspects: the checks and balances between " the dignified part " and " the efficient part "; counterbalance the supreme authority(final power) power. First of all, " the dignified part " and " the efficient part " complement each other, it belongs to the embodiment of the checks and balances: the former is to prevent the latter to centralization and civilian tyranny, the latter is to prevent the former to monarchy and aristocracy. In the " the efficient part ", the generation mechanism of institution between the Cabinet and the House of Commons have checks and balances, there is also a guidance from legislation to administration, administration promote legislation. Second, the House of Commons is the only sovereign body, the newly elected House of Commons is the highest authority that maintains the political system and the oneness and unity of policies. But, due to variability, partisanship and selfishness of the House of Commons, checks and balances from the House of Lords and the Cabinet, The former is the safety valve to prevent House of Commons centralized power, the latter is the modulator control of House of Commons partisanship and selfishness. Finally, confirm the logic of checks and balances in “ the British constitution ”.In the fourth chapter, “ the English Constitution” and its power logic serving as a link between past and future. First, the division of " the dignified part " and " the efficient part " to Bagehot, inherited the public law thought of John Miller, that political system generated based on two basic principles "dignity" and "authority". Second, Montesquieu believes that the "separation of the three powers" derived from his observation of English politics, but Bagehot questioned this logic of power after his investigation about the actual operation situation of the constitution, he believed that the administrative power and legislative power in England is in the fusion state. Third, as the expert of constitutional theory, Dicey’ method of research public law and rules was empirical analysis, but he gradually returned to the empirical analysis of the actual operation situation of the(unwritten) constitution that created by Bagehot.Tail theory part expounds the constitution of the theoretical and practical significance. Bagehot going to describe the power of the British constitution practice logic, enrich the connotation of power balance theory. But because he has not mentioned the freedom, the rule of law and the independence of the judicature and other important questions about the constitution, makes “ the British constitution ” is a fly in the ointment. Because of the English political reform has progressive and conservative characteristics, Bagehot’s theroy on the English constitution is still applicable today, and it indicates the future trend of the reform in a certain extent.