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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The supremacy of the
88
3
94
Every servant of the Crown is amenable to the ordinary tribunals
106
The Discretionary Powers of the Crown
113
Why Parliamentary Government is not the subject of positive law
120
The control by Parliament of the judges
136
Parliament needs not assign reasons for its mistrust of ministers
148
Is the simultaneous creation of a large number of peers for
168
How variances between the two Houses on matters of privilege
175
The Cabinet PAGE 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
Explanation of the principle of open questions
233
The presence in Parliament of ministers is essential to Parlia mentary Government
235
The permanence of the main body of civil servants is essential to Parliamentary Government
237
The history of disqualifying legislation
240
The history of dismissions for political reasons
246
Principle upon which the distinction between the political and the nonpolitical servants of the Crown now rests
250
Official superiority of political servants
253
The Councils of the Crown 1 The ambiguities connected with the Curia regis
259
The Great Council
263
The Courts at Westminster developed from the Great Council
265
The Ordinary Council
272
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
415
The function of the peerage
422
The creation of the peerage
423
The transmission 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
450
Importance of representation not recognized at its commencement
457
Representation supplies the organ for the legal expression of the popular will
459
Representation is not a substitute but an independent institution
464
The House of Commons 1 Meaning of the expression the Commons House of Parliament
467
The representation of communities
469
The equal representation of electorates
472
The national character of representation
474
The independence of the House of Commons
480
Obsolete conditions of early representation
492
The Constituent Bodies 1 The original electors in counties
503
The original electors in towns
508
The history of electoral changes
510
Projects of electoral reform which are not in accordance with the history of the Constitution
514
Indirect results of representation of districts
523
Character of changes in harmony with the Constitution
527
The Checks upon Parliament 1 Classification of governments
534
The influence of the Crown and the Cabinet
536
The Bicameral system
540
The Lex et consuetudo Parliamenti
546
The influence of the courts of law
548
The publicity of the exercise of political functions
551
The right of political discussion
560
The freedom of the Press
564

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Beliebte Passagen

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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