560 CONSTITUTIONAL LAW 



the tax of interest or the hours of labor, the use of alcoholic drinks, 

 and the provision of note-paper and firewood for the assemblies. The 

 constitution of Missouri of 1865 has 26,000 words, whilst that of New 

 Hampshire of 1776 was all included in 600 words; the following con- 

 stitutions of Virginia filled 4 pages, afterwards 7 and 18, and the last 

 occupies now 22 pages and has 17,000 words, whilst the first had but 

 3200 words. Notwithstanding, it seems to me necessary to remark 

 that these constitutional laws have a greater political importance, 

 a juridical character not different from other laws. A state is not able 

 to change its form of government, especially if it is established on a 

 very fundamental pact, as in different ways it happened in the United 

 States as well as in Italy, as it changes the dispositions of electoral 

 laws, and cannot modify this one with the frequency with which it 

 changes the legislation on sugars. But the two elements of consti- 

 tutional, formal, and substantial law are to be distinguished, but not 

 separated; confusing them, we would have an inexact knowledge of 

 the laws themselves, because leaving aside the material element, con- 

 stitutional laws are understood as the mediums with which the sover- 

 eignty, with free choice, with a complete faculty to change them, 

 becomes self-ruling in order to be able to reach its aims. Consti- 

 tutional laws distinguished from the others because of their juridical 

 nature, instead of being determined experimentally, are in such a 

 case the effect of a scientific abstraction or an experiment founded 

 on presumptions, and we are knowing the results of this method to 

 understand them. On the other hand, the reactions against this 

 doctrine led to confusing constitutional laws with ordinary laws, 

 giving to the charters an apparent solidity and even a pretension 

 of durability, whilst it was taking from the constitutional law its 

 true, secure, juridical basis. 



In the modern state it is necessary, indeed, that the fundamental 

 written constitution have a juridical stability superior to other 

 laws, but meanwhile it may be modified without excessive diffi- 

 culties, because fundamental principles of the constitution have 

 a greater importance, and may be modified without the larger con- 

 course of public conscience, with caution and with a consideration 

 which, with other laws, is neither possible nor desirable. But it 

 must be always possible to maintain harmony between the words 

 of the text and the spirit of the institutions. 1 " If a written consti- 

 tution is not frequently amended," wrote your A. Jameson, " it 

 ceases to answer to the necessity of the political development of a 

 people; and, on the other hand, if it is too easy to introduce new 



1 A. Jameson, A Treatise on Constitutional Conventions; their History, Powers, 

 and Modes of Proceeding, 4th ed., Chicago, 1887; Bourgeaud, Etablissements et 

 Revision dcs Constitutions Politiques en Amcrique et en Europe, Paris, 1885; 

 Brunialti, Formazione e Revisione delle Costituzioni Politiche, Torino, Tip. ed.j 

 1894. 



