The Government of England: Its Structure, and Its Development

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Longmans, Green, Reader, and Dyer, 1867 - 569 Seiten

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Inhalt

History of the present system of Cabinets
9
Whig and the Tory parties
27
The Legal Expression of the Royal Will in Legislation
35
Affection of our ancestors for the Common Law 2 Supposed power of the Crown to make by proclamation new statutes 3 Supposed power of the Cr...
42
Supposed inalterability of the Common Law by statute 5 The power of legislation still rests with the King not alone but in Parliament
49
Legislation in Council
51
Legislation on Petition
53
Legislation by Bill
55
Deliberations of Parliament apart from the King
58
The Legal Expression of the Royal Will
65
PAGE 180
94
CHAPTER V
109
The Controlling Power of Parliament
131
The Harmony of the Several Powers in the State
151
The Relation of the Ministers to Parliament 1 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
Explanation of the principle of open questions
233
CHAPTER X The Relation of the Ministers to the other Servants of the Crown 1 The presence in Parliament of ministers is essential to Parlia mentary...
235
The history of disqualifying legislation 4 The history of dismissions for political reasons 5 Principle upon which the distinction between the political ...
250
Official superiority of political servants
253
CHAPTER XI
259
The Courts at Westminster developed from the Ordinary Council
276
The other judicial developments of the Ordinary Council
285
The double jurisdiction of Ultimate Appeal
289
The extraordinary revenue of the Crown
328
The history of parliamentary supplies
336
The commencement of modern finance
340
The appropriation of supplies
345
The constitutional theory of taxation
349
The consolidated fund and the permanent taxes
354
The stoppage of supplies no longer a constitutional remedy
357
The Expenditure of the Crown 2 The regulation of the Royal bounty 364
361
Diminished influence of the Crown from the regulation of its expenditure
370
Modern increase of the patronage of the Crown
373
Why the influence of the Crown has not proportionately increased
375
Advantages to the Crown from the change in its financial system
382
The Evolution of Parliament 1 The original organ of English government was the King in his Great Council
387
Assemblies of military tenants of clergy and of townsmen for pur poses of taxation
389
The financial assemblies became political councils
393
The political councils of knights and of townsmen were integra ted into the House of Commons
398
The clergy as one of the estates of the realm
402
The decadence of the legislative power of the clergy
404
Gradual character of these changes
407
Judicature
422
Political Representation
437
The King is the fountain of justice 2 The Prerogative of justice was formerly exerciseable by the King in person
439
popular will
459
The House of Commons
467
The Constituent Bodies
503
Character of changes in harmony with the Constitution
510
The Checks upon Parliament
534
But is now exercised by his judges exclusively 4 The judges are those only who are known to the law 5 Legal securities for the due exercise of the j...
549

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Seite 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.
Seite 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.
Seite 75 - By pretext whereof some of Your Majesty's subjects have been by some of the said commissioners put to death, when and where, if, by the laws and statutes of the land, they had deserved death, by the same laws and statutes also they might, and by no other ought, to have been judged and executed.
Seite 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.
Seite 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.
Seite 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...
Seite 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...
Seite 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
Seite 53 - 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.
Seite 73 - ... the artificial reason and judgment of law, which law is an art which requires long study and experience, before that a man can attain to the cognizance of it...

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