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
The doctrine that "the King can do no wrong" had its beginnings as far
back as the infancy of Henry III., and by degrees it grew until it
became a cardinal principle of the constitution. Legally it means that
he cannot be adjudged guilty of wrong-doing, and hence that no
proceedings can be brought against him. He cannot be prosecuted
criminally, or, without his own consent, sued civilly in tort or in
contract in any court in the land.[27:1] But clearly if the government
is to be one of law, if public officers like private citizens are to be
subject to the courts, if the people are to be protected from arbitrary
power, the servant who acts on behalf of the Crown must be held
responsible for illegal conduct from the consequences of which the King
himself is free. Hence the principle arose that the King's command is no
excuse for a wrongful act, and this is a firmly established maxim of the
Common Law in both civil and criminal proceedings.[27:2] To prevent
royal violations of the law, however, it is not enough to hold liable a
servant who executes unlawful orders, if the master still has power to
commit offences directly. A further step must be taken by restraining
the Crown from acting without the mediation of a servant who can be made
accountable, and for this reason Edward I. was informed that he could
not make an arrest in person.[28:1] But, as the kings and queens are not
likely to be tempted into personal assaults and trespasses, the
principle that they can act only through agents has had little
importance from the point of view of their liability at law, although it
is a matter of vital consequence in relation to their political
responsibility.
[Sidenote: or in Politics.]
Public-domain text, read in full here on John Shaqi.
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