Constitutional Developments in Foreign Countries During 1908 and 1909

Perhaps the two most important constitutional events during recent years are the establishment of the South African Union and the struggle in Great Britain over the budget and with reference to the powers of the House of Lords. Both of these events are excluded from treatment here—the South African Union is discussed somewhat fully in another part of this Review; the British constitutional struggle is still in progress, and cannot be satisfactorily treated at the present time. However, with reference to the South African Union it may be well to call attention to the movement away from loosely-constructed federal states. In the United States the state governments have steadily tended to become of less importance as compared with the national government, but this change has necessarily been produced not so much by textual changes in the constitution as by judicial interpretation. By the German imperial constitution of 1871 a fairly centralized federal organization was established, and since 1873 when the federal legislative power was extended over the whole field of civil law there have been no important extensions of federal power by textual changes in the constitution; but here as in the United States the federal power has increased at the expense of the states in a manner not shown by changes in the written instrument of government. “The most important and most weighty interests of the nation are common to all and must be cared for in a uniform manner, and all branches of public law and political life stand in a close and indissoluble relation the one to the other, so that by the logic of facts particularism must give place to unity, the common will must to an ever increasing extent displace the separate wills of the individual states.”

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