ABSTRACT

In the event developments since the war, in Britain as well as in the rest of the Western world, have gone much less in the direction which the prevalent collectivist doctrines seemed to suggest was likely. Indeed, the first 20 years after the war saw a revival of a free market economy much stronger than even its most enthusiastic supporters could have hoped. The root of the evil is thus the unlimited power of the legislature in modern democracies, a power which the majority will be constantly forced to use in a manner that most of its members may not desire. The device to which the theorists of liberal constitutionalism had looked to guarantee individual liberty and the prevention of all arbitrariness was the separation of powers.