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The subject is dealt with by no means exhaustively , but with a view in the first place to bring out the causes of the demand in England for the referendum ; and in the next place to consider carefully and examine in turn first by far the strongest argument against , and secondly the strongest argument in favour of introducing the referendum into the constitution of England . To explain in any substantial degree the alteration in popular opinion it would be necessary to produce a treatise probably longer and certainly of more profound thought than the book for which I am writing a new Introduction . No effort has been made by me to exhaust the arguments against or in favour of the referendum . That might have worked to some degree in small communities where the candidates could become known to most of the electorate , at a time when a candidate did n't need to spend much money to get elected to any office , because public demand for candidacy information made it profitable for newspapers to print it , but by the middle of the 19th century , that situation changed . But the aspiration and the effort towards actual national independence is at least as inconsistent with the conditions of a federal as with the conditions of a unitary government . In this effort they have obtained a success unattained , it is believed , in any other country except England . It means the constant effort of statesmanship to balance one state of the confederacy against another . There is no law which forbids any British subject , wherever he be born , or to whatever race he belongs , to become a member of the English Cabinet or a Prime Minister . It may be well , therefore , to state with some precision why , to one who has studied the characteristics of federal government , it must seem in the highest degree improbable that Home Rule all round , or the federal solution , will be of any benefit whatever to any part of the United Kingdom . Mr. Gardiner 's History of England has suggested to me the conclusion on which , confirmed as I found it to be by all the information I could collect about French administrative law , stress is frequently laid in the course of the following pages , that the views of the prerogative maintained by Crown lawyers under the Tudors and the Stuarts bear a marked resemblance to the legal and administrative ideas which at the present day under the Third Republic still support the droit administratif of France . My effort has been to describe two different ways of looking at one and the same relation , and the results of this difference of view are of practical consequence . Our civil servants , indeed , are as yet not in any serious degree put beyond the control of the law Courts , but in certain instances , and notably with regard to many questions arising under the National Insurance Act , 1911 , something very like judicial powers have been given to officials closely connected with the Government.55 And it may not be an exaggeration to say that in some directions the law of England is being " officialised , " if the expression may be allowed , by statutes passed under the influence of socialistic ideas . This body would , subject of course to supervision by the state , manage the office in accordance with their own knowledge and judgment ; would , as far as I understand the proposal , be allowed to share in the gains affected by good management ; and would , out of the revenue of the Post Office , make good the compensation due to persons who suffered by the negligence or misconduct of the officials . Thus a British subject , whatever be the place of his birth , or the race to which he belongs , or I may now add the religion which he professes , has , with the rarest possible exceptions , the same right to settle or to trade in England which is possessed by a natural-born Englishman . The care with which many persons have given me sound information was the more valued by me because I have known that with some of the inferences drawn by me from the facts on which I commented my informants probably did not agree . As easements were said to belong to the dominant estate , it followed that whoever possessed the land had a right of the same degree over what was incidental to it . sect . The language commonly used , however , throws doubt and darkness over this and every other question connected with the subject .