Commentaries on the Laws of England, Book the FirstBlackstone, William, Sir
History
Commentaries on the Laws of England, Book the First
Blackstone, William, Sir
Law -- England; Law -- England -- History
A DISSOLUTION is the civil death of the parliament; and this may be
effected three ways: 1. By the king's will, expressed either in person
or by representation. For, as the king has the sole right of convening
the parliament, so also it is a branch of the royal prerogative, that
he may (whenever he pleases) prorogue the parliament for a time, or
put a final period to it's existence. If nothing had a right to
prorogue or dissolve a parliament but itself, it might happen to
become perpetual. And this would be extremely dangerous, if at any
time it should attempt to encroach upon the executive power: as was
fatally experienced by the unfortunate king Charles the first; who,
having unadvisedly passed an act to continue the parliament then in
being till such time as it should please to dissolve itself, at last
fell a sacrifice to that inordinate power, which he himself had
consented to give them. It is therefore extremely necessary that the
crown should be empowered to regulate the duration of these
assemblies, under the limitations which the English constitution has
prescribed: so that, on the one hand, they may frequently and
regularly come together, for the dispatch of business and redress of
grievances; and may not, on the other, even with the consent of the
crown, be continued to an inconvenient or unconstitutional length.
2. A PARLIAMENT may be dissolved by the demise of the crown. This
dissolution formerly happened immediately upon the death of the
reigning sovereign, for he being considered in law as the head of the
parliament, (_caput, principium, et finis_) that failing, the whole
body was held to be extinct. But, the calling a new parliament
immediately on the inauguration of the successor being found
inconvenient, and dangers being apprehended from having no parliament
in being in case of a disputed succession, it was enacted by the
statutes 7 & 8 W. III. c. 15. and 6 Ann. c. 7. that the parliament in
being shall continue for six months after the death of any king or
queen, unless sooner prorogued or dissolved by the successor: that, if
the parliament be, at the time of the king's death, separated by
adjournment or prorogation, it shall notwithstanding assemble
immediately: and that, if no parliament is then in being, the members
of the last parliament shall assemble, and be again a parliament.
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