Europe -- Politics and government; Political science
*56. The Crown and Legislation.*--The second general group of powers
lodged in the crown comprises those which relate to legislation.
Technically, all legislative authority is vested in "the king in
parliament," by which is meant the king acting in collaboration with
the two houses. Parliament transacts business only during the pleasure
of the crown. The crown summons and prorogues the houses, and it is
empowered at any time to dissolve the House of Commons. No
parliamentary act, furthermore, is valid without the crown's assent.
It is on the legislative, rather than the executive side, none the
less, that the crown has lost most heavily in actual authority. There
was a time when the crown possessed inherent law-making power and
through the agency of proclamations and ordinances contributed
independently to the body of enforceable law. To-day the sovereign may
exercise no such power, save alone in the crown colonies. It is true
that ordinances with the force of law are still issued, and that their
number and importance tend steadily to be increased. But in all cases
these ordinances have been, and must be, authorized specifically by
statute. As "statutory orders" they emanate from a delegated authority
purely and bear no relation to the ancient ordinance by prerogative.
The king may not even, by virtue of any inherent power, promulgate
ordinances in completion of parliamentary statutes--the sort of thing
which the French president, the Italian king, and virtually every
continental ruler may do with full propriety. Of his own authority,
furthermore, the sovereign may not alter by one jot or tittle the law
of the land. There was a time when the crown claimed and exercised the
right to suspend, or to dispense with, laws which had been duly enacted
and put in operation. But this practice was forbidden definitely (p. 056)
in the Bill of Rights, and no sovereign since the last Stuart has
sought to revive the prerogative. Still another aspect of the ancient
participation by the king in the legislative function was the
influencing of the composition of the House of Commons through the
right to confer upon boroughs the privilege of electing members. This
right, never expressly withdrawn, is regarded now as having been
forfeited by disuse. Finally, the power to withhold assent from a
measure passed in Parliament has not been exercised since the days of
Queen Anne,[72] and while legally it still exists, it is conceded for
all practical purposes to have been extinguished.
[Footnote 72: In 1707, when the Queen refused her
assent to a bill for settling the militia in
Scotland.]
Public-domain text, read in full here on John Shaqi.
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