The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
Although the Lord Chancellor is a party leader, and is at once an active
member of the legislative, the executive and the judicial branches of
the government, the evils that might be supposed to result from such a
combination of powers in the same hands do not in fact appear. He might,
indeed, when sitting in the Judicial Committee, or in the House of
Lords, be called upon to construe a statute which he had a share in
enacting, but this does no great harm. The really serious matter is a
confusion of the executive and judicial powers, the sitting in judgment
by a political officer upon a question on which he has acted, or which
may affect his future action, in an administrative capacity. But since
the Chancellor never holds court alone at the present day, such a
question could come before him only in the Court of Appeal, the House of
Lords, or the Judicial Committee, where he sits with other judges, who
have no connection with the ministry. Moreover, the Chancellor, although
the legal member of the cabinet, is not its sole, nor indeed its
official, legal adviser; and the government would never think of acting
upon any doubtful point of law without obtaining the opinion of the Law
Officers of the Crown. These gentlemen hold no judicial position; and
curiously enough, while a part of the ministry, are never in the
cabinet.
[Sidenote: The Law Officers of the Crown.]
The principal Law Officers of the Crown are the Attorney General, and
the Solicitor General, who is his colleague and substitute.[133:1]
Their opinion on questions of law may be asked by the government, and by
any department, although many of the departments are provided with
permanent legal counsel of their own whose advice is sufficient for all
ordinary matters. The Attorney and Solicitor General conduct personally
a few prosecutions of unusual importance, file criminal informations,
and appear in cases where the rights of the Crown are involved, or where
their intervention is necessary to protect charitable endowments. They
defend in Parliament the legality of the government's action, and
explain incomprehensible legal points in its measures. While they are no
longer permitted to engage in private practice, their salaries and fees
are so large[133:2] that these posts are among the great political
prizes for lawyers who have made their mark in the warfare of the House
of Commons,[133:3] prizes the greater because, in addition to the direct
emoluments, they confer a presumptive claim to the very highest places
on the bench that may become vacant while the party is in power.
[Sidenote: Public Prosecutions in England.]
Public-domain text, read in full here on John Shaqi.
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