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
All legislative power is vested in the King in Parliament; that is, in
the King acting in concert with the two Houses. Legally, every act
requires the royal assent, and, indeed, the Houses can transact business
only during the pleasure of the Crown, which summons and prorogues them,
and can at any moment dissolve the House of Commons. But it is important
to note that by itself, and apart from Parliament, the Crown has to-day,
within the United Kingdom,[19:1] no inherent legislative power whatever.
This was not always true, for legislation has at times been enacted by
the Crown alone in the form of ordinances or proclamations; but the
practice may be said to have received its death-blow from the famous
opinion of Lord Coke, "that the King by his proclamation cannot create
any offence which was not an offence before, for then he may alter the
law of the land."[19:2] The English Crown has, therefore, no inherent
power to make ordinances for completing the laws, such as is possessed
by the chief magistrate in France and other continental states. This
does not mean that it cannot make regulations for the conduct of
affairs by its own servants, by Orders in Council, for example,
establishing regulations for the management of the Army, or prescribing
examinations for entrance to the civil service. These are merely rules
such as any private employer might make in his own business, and differ
entirely in their nature from ordinances which have the force of law,
and are binding quite apart from any contract of employment.
Power to make ordinances which have the force of law and are binding on
the whole community is, however, frequently given to the Crown[20:1] by
statute, notably in matters affecting public health, education, etc.,
and the practice is constantly becoming more and more extensive, until
at present the rules made in pursuance of such powers--known as
"statutory orders"--are published every year in a volume similar in form
to that containing the statutes. Some of these orders must be submitted
to Parliament, but go into effect unless within a certain time an
address to the contrary is passed by one of the Houses, while others
take effect at once, or after a fixed period, and are laid upon the
tables of the Houses in order to give formal notice of their adoption. A
fuller description of these orders must, however, be postponed to the
chapters that deal with Parliament. It is only necessary here to point
out that in making such orders the Crown acts by virtue of a purely
delegated authority, and stands in the same position as a town council.
The orders are a species of subordinate legislation, and can be enacted
only in strict conformity with the statutes by which the power is
granted; and being delegated, not inherent in the Crown, a power of this
kind does not fall within the prerogative in its narrower and more
appropriate sense.
[Sidenote: Executive Power.]
Public-domain text, read in full here on John Shaqi.
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