the order is the same as in the original draft, and therefore the plan
is preserved.

III.

THE MAKING OF LAWS.

All powers of Government may derive from the people, but the people cannot
of themselves govern themselves. In simple small communities the people
may gather together and frame the manner of their government from meeting
to meeting (and only then when ancient custom has given them the practice
and expectation of such assemblies); but among nations for a people to
discipline and rule themselves it is necessary that they bestow recognised
and definite powers of government on representatives of their choice. Such
representatives, to be sure, have a habit of conceiving that they are
rulers of their own right. Cases have even been known where they have
endeavoured to obstruct the right of the people to depose them. But the
truth is that such representatives are merely a convenience. They are a
people's instruments, and no more. Without them the achievement of a
common agreement, and the formulation of laws based on that common
agreement, would prove so cumbersome as to be impossible. A people must
therefore tolerate them with good humour; and keep them under proper
control. And when such representatives have been chosen, they together
form an organised body for the making of laws, and for the supervision and
control of the execution of such laws.

Obviously, then, once a Constitution has stated the sovereign source of
all authority, and defined the fundamental rights of that sovereignty, it
is essential that it should prescribe the manner in which laws shall be
made for the peace, order and good government of the whole people. The
second section of the Constitution, therefore, deals with the _Legislative
Provisions_ of the State. The most important of these, manifestly, is the
creation of an organisation of representatives; but, owing to the tendency
of representatives to arrogate powers to themselves, of late years the
peoples of many States have insisted on a direct voice in the checking,
and even in the making, of laws. This direct voice has been exerted by
means of two instruments known generally as the Referendum and the
Initiative. Wherever these prevail, the Assembly of Representatives is
given only a limited power in the making of laws, the sovereign authority
reserving to itself a constant and continuous control over its action. And
in our Constitution both these instruments are given a place. For it