THERE are both universal and local aspects of constitutional law. The
rules may be local, but the problems are universal. The Declaration of
Arbroath (from which the quotation on the title page is taken) emphasises
both these aspects. The fact that (as Lord Cooper pointed out) it was not
entirely original, and the fact of its local significance demonstrate how
the universal and the local may blend. Similarly there are both ephemeral
and eternal aspects. Since constitutional law is about power and the
exercise of power there is some tendency to concentrate upon contemporary issues, which may be of short -lived interest. The enduring object of
the rules - liberty -so forcefully emphasised by the Declaration of
Arbroath should not however be lost to sight. Too great a concentration
upon what is local and may be ephemeral can be harmful unless other
elements are borne in mind.
Nevertheless, there is perhaps no good time at which to write a book
on constitutional law. Continuous change is a greater force than it is
often believed to be, and any writer becomes increasingly conscious of
circumstances equivalent to those which (reputedly) tempted Professor
Thomas Reed Powell to change the title of his course from Constitutional
Law to Current Affairs. When this book was in its final stages, the
Peerage Act, 1963, was enacted, the reform of local government in
Scotland was projected, and litigation such as the Burmah Oil case,
capable of casting light on fundamentals, was in train. At the proof stage
the problem of selecting a Prime Minister once again became prominent.
Of some of these and similar matters it has been possible to take some
note, but no proper exploration was practicable. Had the book been
held back to make a fuller treatment possible other like events would
doubtless have happened meanwhile.
In one sense timing does not perhaps matter. The purpose of the book
is to treat central institutions, central ideas, and their relationships. In
the interest of clarity much detail has therefore been omitted, and an
attempt has been made (as the Commissioners of 1707 would have put it)
not to stir into any matter which was not essential to the primary purpose.
Within these limits the book is, for the most part, concerned with Great
Britain. The proper consideration of the position in Northern Ireland,
the Channel Isles or the Isle of Man would have involved too many
strands of argument. Within Great Britain the emphasis is upon Scottish
institutions and rules. Where possible comparison is made where there
is significance in differences. This pattern was chosen not merely because
of the provenance of the book, but also in the interests of brevity and
clarity; an account of both the Scottish and English systems of local government could well be confusing to the student. Nevertheless, since
the emphasis is upon central institutions and ideas, it is hoped that the
book will have a general utility. For similar reasons, despite what has
been said earlier, comparison with other systems beyond the United
Kingdom has been limited, though it is to be hoped that opportunity will
arise for the proper development of such comparative aspects. No
general account has been given of the development of the Commonwealth
or of the relationship of the United Kingdom to the Commonwealth
since it is conceived that these matters are appropriate to specialist
studies. If excuse or justification must be offered for this concentration
it might be said that our constitutional institutions and ideas are not
thought to have such perfection that an examination of them alone,
without further distraction, or complication, is out of place.
In relation to matters falling within the scope thus designated descriptive
material has been cut down, particularly where there already exists
adequate literature. References to such literature have been made, and
the references should be pursued. There is little point in summarising
familiar printed sources or other men's work (or indeed the fuller state-
ments of the author's views which have appeared elsewhere). It is better
that students should resort to originals. Further, since an attempt has
been made to concentrate upon matters of principle, it will be found that
on occasion the position is somewhat baldly stated. Again it is hoped
that the material given in the footnotes is adequate for the reader to be
able to check and to challenge the propositions which are made. The
student reader should be urged to resort to original sources, other readers
will no doubt prefer so to do. This method of treatment means however
that, on occasion, the footnotes are of more significance than is sometimes
the case in somewhat similar works.
