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
[18:1] "Law of the Constitution," 355.
[19:1] The statement is made with this limitation because the Crown has
always had inherent authority to legislate directly for Crown colonies
acquired by conquest; but if the Crown once grants a representative
legislature to such a colony without reserving its own legislative
authority, it surrenders that authority over the colony forever. See
Jenkyns, "British Rule and Jurisdiction Beyond the Seas," 4-6, 95;
Campbell _vs._ Hall, Cowp., 204.
[19:2] Coke's Reports, XII., 76.
[20:1] Or more strictly to the Crown in Council.
[21:1] Such as the hereditary Earl Marshal and Grand Falconer.
[21:2] On the power of removal from an office held during good
behaviour, and on the effect of the provision that the three classes of
officers mentioned above may be removed upon the address of both Houses
of Parliament, see Anson, "Law and Custom of the Constitution," II.,
213-15. The references to Anson are to the 3 Ed. of Vol. I. (1897); the
2 Ed. of Vol. II. (1896).
[22:1] Todd, "Parl. Govt. in England," 2 Ed. (1887), Ch. xiv.
[22:2] See the later chapter on The Church.
[22:3] _Cf._ Anson, "Law and Custom," II., 297-99; Dicey, "Law of the
Constitution," 393. Heligoland was ceded to Germany by treaty in 1890,
subject to the assent of Parliament, which was given by 53-54 Vic., c.
32.
[24:1] "English Constitution," 2 Ed. (Amer.), Introd., 31.
[24:2] Todd, "Parl. Govt. in England," I., 570.
[25:1] "Const. Hist. of England," 4 Ed., I., 647.
[25:2] 16 Car. I., c. 10.
[25:3] It may be maintained that the right, if not already lost by
disuse, was by implication, though not expressly, taken away by the
Reform Acts of 1832, 1867 and 1885, which created new boroughs and
disfranchised old ones.
[25:4] See the debate in the Lords on the Wensleydale case. Hans., 3
Ser., CXL., _passim_.
[26:1] The Victoria Station and Pimlico Railway Bill, Hans., 3 Ser.,
CLI., 586-89, 691-93, 797-98. See Todd, II., 392.
CHAPTER II
THE CROWN AND THE CABINET
It is not within the province of this book to trace the process whereby
the King became irresponsible both at law and before the nation, while
the responsibility for his acts became transferred to his ministers. The
story has been told by others far better than the writer could tell it,
and the object here is only to note the results of that process in the
existing constitution.
[Sidenote: The King can do no Wrong at Law;]
Public-domain text, read in full here on John Shaqi.
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