The Doctrine of the Sovereignty of the Constitution

In: American political science review, Band 25, Heft 3, S. 573-588

Abstract

The contemporary criticism in England of the traditional theory of the state can conveniently be traced to the famous introduction of Maitland to the fragment of Gierke. It is significant to note that Maitland's analysis followed by one year the classic restatement of the orthodox view by Bosanquet, thus perhaps offering another illustration of the common observation that when a doctrine has received its fullest elaboration, its decline has already set in. During the first twelve or fifteen years of the present century, this criticism became an important undercurrent of political thought, as shown by the emergence of Distributivism and Guild Socialism, the passing of the zenith of the conventional Fabianism with the publication in 1909 of the Minority Eeport on the Poor Law, and the publication of Figgis's Churches in the Modern State in 1913. This later view was as yet, however, only an undercurrent; for the main stream of thought as indicated by L. T. Hobhouse in his Liberalism (1911) did not show any effects of the new leaven. Only during the next decade, say between the publication of Russell's Principles of Social Reconstruction (1916) and Professor H. J. Laski's Grammar of Politics (1925), did the novel movement become the main current. Viewed in wider perspective, Russell, Hobhouse, the Webbs, Tawney, Cole, Laski, and Hobson offer variations on the same theme. The completeness and comprehensiveness of Professor Laski's Grammar of Politics make it especially significant. The book is, in fact, a summary of the development of English thought since 1900.