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
Just as Parliament has often conferred legislative authority upon the
Crown, so it has conferred executive power in addition to that possessed
by virtue of the prerogative. I do not refer here to the cases where a
statute creates new public duties to be performed directly by the Crown
and confers upon it the authority needed for the purpose. Such powers,
although statutory, are exercised in the same way as those derived from
the prerogative. I refer to statutes that regulate the duties or
privileges of local and other bodies, and give to the Crown, not a
direct authority to carry out the law, but a power of supervision and
control. Statutes of this kind have become very common during the last
half century in relation to such matters as local government, public
health, pauperism, housing of the working-classes, education, tramways,
electric lighting and a host of other things. Even without an express
grant of authority, supervisory powers have often been conferred upon
the Crown by means of appropriations for local purposes which can be
applied by the government at its discretion, and hence in accordance
with such regulations as it chooses to prescribe. This has been true,
for example, of the subsidies in aid of the local police, and of
education. By such methods the local authorities, and especially the
smaller ones, have been brought under the tutelage of the Crown to an
extent quite unknown in the past.
[Sidenote: Wide Extent of the Powers of the Crown.]
All told, the executive authority of the Crown is, in the eye of the
law, very wide, far wider than that of the chief magistrate in many
countries, and well-nigh as extensive as that now possessed by the
monarch in any government not an absolute despotism; and although the
Crown has no inherent legislative power except in conjunction with
Parliament, it has been given by statute very large powers of
subordinate legislation. "It would very much surprise people," as
Bagehot remarked in his incisive way, "if they were only told how many
things the Queen could do without consulting Parliament . . . Not to
mention other things, she could disband the army (by law she cannot
engage more than a certain number of men, but she is not obliged to
engage any men); she could dismiss all the officers, from the General
Commanding-in-Chief downwards; she could dismiss all the sailors too;
she could sell off all our ships of war and all our naval stores; she
could make a peace by the sacrifice of Cornwall, and begin a war for the
conquest of Brittany. She could make every citizen in the United
Kingdom, male or female, a peer; she could make every parish in the
United Kingdom a 'university'; she could dismiss most of the civil
servants; she could pardon all offenders. In a word, the Queen could by
prerogative upset all the action of civil government within the
government."[24:1] We might add that the Crown could appoint bishops,
and in many places clergymen, whose doctrines were repulsive to their
Public-domain text, read in full here on John Shaqi.
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