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 subject of bankruptcy has also been placed in the hands of the Board
of Trade, and except for legal questions which come before the courts,
it has the entire charge of the cases, maintaining for that purpose a
staff of inspectors, examiners and official receivers.
The nearest approach to actual administrative work intrusted to the
board is in the case of lighthouses, buoys and beacons, which are
maintained by Trinity House, an ancient corporation composed of
self-elected brethren but financially under the control of the Board of
Trade.
[Sidenote: The Local Government Board.]
Until the era of the Reform Bill local affairs in England were managed
in the main by justices of the peace and town councillors, whose powers
were derived from a host of statutes covering many subjects in great
detail. These officers were kept rigorously within the limits of their
authority because the legality of their acts could be tested in the
courts of law; but they were almost entirely free from administrative
control. The first wide breach in the system was made by the Poor Law
Amendment Act of 1834, which aimed at a reform in the method of giving
poor relief, and set up for the purpose a commission to supervise the
local bodies. The new commissioners, being vigorous and efficient,
aroused hostility, and as they were not permitted to sit in Parliament,
they found it hard to defend their policy. In fact the experience they
went through is used by Bagehot as an illustration of the impotence of
an executive department without a representative in the House of
Commons.[110:1] In 1847 the body was reorganised under the title of the
Poor Law Board, with a responsible minister at its head, and thenceforth
received from time to time additions to its duties. Various functions
relating to public health and local government had in the meanwhile been
intrusted to the Home Secretary and the Privy Council; and, finally, in
1871 the greater part of them were transferred to the Poor Law Board,
which was given the name of Local Government Board.
Legislation of this kind has entirely transformed the nature of English
local government. Partly by bringing the exercise of existing powers
under the supervision of the central government, partly by subjecting to
systematic control the new powers called into life by the wants of the
time, the old system of local self-government--limited by law, but
independent of any administrative superior--has been replaced by a
system where the local bodies, and especially those outside of the great
towns, are to a considerable extent under the tutelage of the state. The
subjection is not the same as that which prevails in other European
countries, and it is not so great, but it is in some respects more
nearly akin to the continental system than to that of England in the
eighteenth century.
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