The Constitutional History of England from 1760 to 1860 — John Shaqi
The Constitutional History of England from 1760 to 1860Yonge, Charles Duke
History
The Constitutional History of England from 1760 to 1860
Yonge, Charles Duke
Constitutional history -- Great Britain; Great Britain -- History -- 19th century; Great Britain -- History -- George III, 1760-1820
Parliament; and therefore the wisdom of the constitution has excluded
every discretion in the crown over a positive statute, and has
emancipated Parliament from the royal prerogative, leaving the power of
suspension, which is but another name for a temporary repeal, to reside
where the legislative power is lodged--that is, in King, Lords, and
Commons, who together constitute the only supreme authority of this
government. Precedents were cited to prove that in former times
different ministries had avoided thus taking the law into their own
hands, as when, in 1709 and again in 1756, there was a similar
apprehension of scarcity, even though both those years were years of
war. And the Bill of Rights was quoted as the statute in which every
sort of dispensing power was condemned, though, as exercised by James
II., it had only been exerted in dispensing with penal laws and
remitting penalties.
"Finally," said one speaker, who perhaps was Lord Mansfield himself, "he
is not a moderate minister who would rashly decide in favor of
prerogative in a question where the rights of Parliament are involved,
nor a prudent minister who, even in a doubtful case, commits the
prerogative, by a wanton experiment, to what degree the people will bear
the extent of it. The opposite course was that by which a minister would
consult the best interests of the crown, as well as of the people. The
safety of the crown, as well as the security of the subject, requires
the closing up of every avenue that can lead to tyranny."[22]
Public-domain text, read in full here on John Shaqi.
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