Europe -- Politics and government; Political science
*15. Development of the Legislative Process.*--By a memorable statute of
1322, in the reign of Edward II., it was stipulated that "the matters
which are to be established for the estate of our lord the king and of
his heirs, and for the estate of the realm and of the people, shall be
treated, accorded, and established in parliaments, by our lord the king,
and by the assent of the prelates, earls, and barons, and the
commonalty of the realm; according as it hath been before accustomed."[13]
This declaration is understood to have established, not only the
essentially legislative character of Parliament, but the legislative
parity of the commoners with the magnates. It remained, however, to
substitute for the right of petition the right of legislating by bill.
Throughout the fourteenth century Parliament, and especially the
Commons, pressed for an explicit recognition of the principle that the
statute in its final form should be identical with the petition upon
which it was based. In 1414 Henry V. granted that "from henceforth
nothing be enacted to the petitions of his commons that be contrary to
their asking, whereby they should be bound without their assent."[14]
The promise tended in practice to be evaded, and late in the reign of
Henry VI. there was brought about an alteration of procedure in
accordance with which measures were henceforth to be introduced in
either house, in the form of drafted bills. The legislative process
was now essentially reversed. The right of initiative was secured to
the Commons, concurrently with the Lords; the crown was restricted to
a right of veto or assent. The change in procedure was reflected (p. 016)
in a change of formula. Statutes began to be made "by the King's most
excellent majesty by and with the advice and consent of the Lords
spiritual and temporal, and Commons in this present Parliament assembled,
and by the authority of the same." And these words comprise the
formula with which every act of Parliament to-day begins. Technically,
the laws were, and are still, made by the crown; practically
Parliament, once merely a petitioning and advising body, had become a
full-fledged legislative assemblage.
[Footnote 13: Adams and Stephens, Select Documents,
97.]
[Footnote 14: Ibid., 182.]
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