□
[□]
□?
The above considerations taken as a whole afford some explanation of a demand for that referendum which , though it originates in Switzerland , flourishes in reality , though not in name , in almost every state of the American Commonwealth . Our Imperialists really aim , and the fact must be constantly borne in mind , at federalising the relation not between England and the rest of the Empire , but between England and the five self-governing Dominions . Langdell ( Contr ., Section 116 ) ; but the above explanation is believed to be the true one . His Growth of the English Constitution has been to me a model ( far easier to admire than to imitate ) of the mode in which dry and even abstruse topics may be made the subject of effective and popular exposition . From each class he may learn much , but for reasons which I am about to lay before you for consideration , he is liable to be led by each class of authors somewhat astray in his attempt to ascertain the field of his labours and the mode of working it ; he will find , unless he can obtain some clue to guide his steps , that the whole province of so-called " constitutional law " is a sort of maze in which the wanderer is perplexed by unreality , by antiquarianism , and by conventionalism . " Whatever peculiarities of our law rest on that assumption may now be understood . The Dean of Windsor 's Case decides that such a covenant binds an assignee of the term , although not named . But wills of land were only exceptionally allowed by custom until the reign of Henry VIII ., and as the main doctrines of conveyancing had been settled long before that time , we must look further back and to other sources for their explanation . One suggestion a mere legist may be allowed to make , namely , that the authors who insist upon and explain the conventional character of the understandings which make up a great part of the constitution , leave unexplained the one matter which needs explanation . Again , the fact is clear that the assign got the benefit of the warranty to the first grantee , not of a new one to himself , as has been shown , and Bracton 's explanation of how this was worked out falls in with what has been seen of the course of the German and Anglo-Saxon law , and with the pervading thought of the Roman law . Croke gives the reason thus : " For a covenant which runs and rests with the land lies for or against the assignee at the common law , quia transit terra cum onere , although the assignees be not named in the covenant . I would also advocate that , in association with such a system , most courts have multi-judge panels , with members presiding in rotation , and make it a rule that for any question involving a right of an individual against a delegated power of government , the presumption rest with the individual , and that it would require a unanimous vote of the judicial panel to sustain the position of the government . The fiction which made such a transfer conceivable has now been explained , and its history has been followed until it has been seen to become a general mode of thought . Neither can it be defended on the same ground as the protection to the occupation of the land itself .