In spite of all this, the obvious policy of preferring where possible the institutional method is far from being generally accepted. The failure to accept it is, I suppose, due to different reasons. One is that it needs a certain detachment to embark on the long-term task of re-designing the ‘legal framework’. But governments live from hand to mouth, and discretionary powers belong to this style of living—quite apart from the fact that rulers are inclined to love those powers for their own sake. But the most important reason is, undoubtedly, that the significance of the distinction between the
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