By Harold Joseph Laski
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Extra info for Authority in the Modern State
That is in the nature of things inevitable. Where basic industries are concerned the government knows full well the unpopularity that will attend it if there is any interference with the normal process of consumption. In industry as a whole, the government is, from the nature of things, interested in the maintenance of order and it knows well enough that the maintenance of order is in inverse ratio to the duration of the strike. What it is driven thus to do is to seek the manipulation of disharmony that its credit may be thereby least injured.
This is a cause of unrest..... It should be considered whether it would be possible not only to leave employers and workmen to settle more matters themselves, but to arrange that high officials.... should live in the area and be within close touch.... ” Hardly less suggestive was the conclusion of the American Commission which had the same problem in view. Here, indeed, the industrial control was private and not public in nature; but it was again insisted that “distant ownership.... creates barriers against the opportunity of understanding the labour aspects, the human problem of the industry, and solidarity of interest among the various owners checks the views of any one liberal owner from prevailing against the autocratic policy of the majority”153 In a still larger industry the same difficulty is noted.
It is difficult to see why their acts should be excused 41 Harold Laski where harm is caused. 195 upon what procedural practice may seem best to it; nor will the courts enquire if such practice results, or can by its nature result, in justice. In such an attitude it is clear that what Professor Dicey has taught us to understand as the rule of law199 becomes largely obsolete. If, as in the Zadig case,200 the Secretary of State for Home Affairs may make regulations of any kind without any judicial tests of fairness or reasonableness being involved, it is clear that a fundamental safeguard upon English liberties has disappeared.