The Government of England: Its Structure and Its Development (Google eBook)

Front Cover
Longmans, 1867 - 569 pages
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Contents

The Constitution is governed by the law of Evolution
32
The Legal Expression of the Royal Will in Legislation 1 Affection of our ancestors for the Common Law
35
Supposed power of the Crown to make by proclamation new statutes
37
Supposed power of the Crown to suspend or dispense with existing statutes
41
Supposed inalterability of the Common Law by statute
47
The power of legislation still rests with the King not alone but in Parliament
50
Legislation in Council
51
Legislation on Petition
53
Legislation by Bill
57
Deliberations of Parliament apart from the King
58
Why the Royal fiat is now never withheld
59
Chapter IIL The Legal Expression of tlie Royal Will in Judicature 1 The King is the fountain of justice
65
But is now exercised by his judges exclusively
70
The judges are those only who are known to the law
74
Legal securities for the due exercise of the judicial office
77
The tenure of the judicial office
82
The supremacy of the law
88
in Sir Walter Mildmays case
90
Importance of the regulation of the lawful acts of Prerogative
113
The origin of Parliamentary control
131
The Harmony of the Several Powers in the State
151
tration are settled
160
The Cabinet PAOK 1 Description of modern Administrations
180
Description of Administrations before the Restoration
182
The separation of the Cabinet from the Privy Council
183
The Cabinet selected from the majority in Parliament
187
Cabinet councils held without the presence of the King
190
Corporate character of the Cabinet
194
The decision of the majority binds the Cabinet
197
The Cabinet is responsible for the acts of each of its members
201
History of the present system of Cabinets
205
Impediments in the performance of their duty are the only valid reason for resignation of ministers
210
Impediments arising from the King
212
Impediments arising from the House of Lords
216
Impediments arising from the House of Commons
218
Different opinions as to the nature of parliamentary confidence in ministers
220
How these opinions may be reconciled
221
Review of the precedents of ministerial resignations
224
The Ordinary Council
272
The Courts at Westminster developed from the Ordinary Council 276
276
The other judicial developments of the Ordinary Council
286
The double jurisdiction of Ultimate Appeal
289
The Council Learned in the Law
295
The varieties of landed property
299
The Revenues of the Crown
325
The Expenditure of the Crown
361
Diminished influence of the Crown from the regulation of
370
The Evolution of Parliament
387
Gradual character of these changes
407
The House of Lords page 1 Aristocracy characteristic of western Europe
412
The aristocracy and the peerage of England
414
The origin of the peerage territorial
416
The function of the peerage
422
The creation of the peerage
428
The independence of the peerage
431
The privileges of the peerage strictly personal
434
Political Representation 1 Representation why unknown in antiquity
437
Representation why used in England
441
The history of the representation of the counties
446
The history of the representation of the clergy
448
The history of the representation of the towns
457
Representation supplies the organ for the legal expression of the popular will
459
The House of Commons 1 Meaning of the expression the Commons House of Parliament
467
The representation of communities 409
472
The national character of representation
474
The independence of the House of Commons
480
Obsolete conditions of early representation
492
The Constituent Bodies
503
The original electors in counties 603
514
Indirect results of representation of districts
523
The Checks upon Parliament 1 Classification of governments
534
The influence of the Crown and the Cabinet 686
540
The Lex et consuetudo Parliament
550
The influence of the courts of law 648
561
The right of political discussion 660
565

Common terms and phrases

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Page 476 - Parliament is not a congress of ambassadors from different and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole.
Page 6 - You will observe, that, from Magna Charta to the Declaration of Right, it has been the uniform policy of our Constitution to claim and assert our liberties as an entailed inheritance derived to us from our forefathers, and to be transmitted to our posterity, — as an estate specially belonging to the people of this kingdom, without any reference whatever to any other more general or prior right.
Page 74 - With which the King was greatly offended, and said that then he should be under the law, which was treason to affirm, as he said; to which I said that Bracton saith, quod Rex non debet esse sub homine sed sub Deo et lege [that the King ought not to be under man but under God and under the law—BT\.
Page 170 - ... no peace could be safe or honourable to Great Britain or Europe, if Spain and the West Indies should be allotted to any branch of the house of Bourbon.
Page 54 - Crown, shall be void and of no avail or force whatever ; but the matters which are to be established for the estate of our lord the King and of his heirs, and for the estate of the realm and of the people, shall be treated, accorded, and established in Parliaments, by our lord the King, and by the assent of the prelates, earls, and barons, and the commonalty of the realm ; according as it hath been heretofore accustomed.
Page 145 - ... likely to embarrass them. If they forfeit that confidence, if the parliamentary majority is dissatisfied with the way in which patronage is distributed, with the way in which the prerogative of mercy is used, with the conduct of foreign affairs, with the conduct of a war, the remedy is simple. It is not necessary that the Commons should take on themselves the business of administration, that they should request the Crown to make this man a bishop and that man a judge, to pardon one criminal and...
Page 73 - King said, that he thought the law was founded upon reason, and that he and others had reason, as well as the Judges : to which it was answered by me, thai true it was, that God had endowed His Majesty with excellent science, and great endowments of nature; but His Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods, or fortunes of his subjects...
Page 73 - ... that God had endowed his Majesty with excellent science, and great endowments of nature; but his Majesty was not learned in the laws of his realm of England, and causes which concern the life, or inheritance, or goods or fortunes of his subjects, are not to be decided by natural reason, but by the artificial reason and judgment of the law, which law is an art which requires long study and experience before that a man can attain to the cognizance of it...
Page 229 - That her Majesty's Ministers do not sufficiently possess the confidence of the House of Commons to enable "them to carry through the House measures which they deem of essential importance to the public welfare ; and that their continuance in office under such circumstances is at variance with the spirit of the Constitution.
Page 289 - England, to define the limits of its jurisdiction ; by the first of which it is " accorded and assented, that the admirals and their deputies shall not meddle from henceforth of anything done within the realm, but only of a thing done upon the sea, as it hath been used in the time of the noble prince King Edward, grandfather of our Lord the King that now is

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