Europe -- Politics and government; Political science
*57. Principles Governing the Actual Exercise of Powers.*--After full
allowances have been made, the powers of the British crown to-day
comprise a sum total of striking magnitude. "All told," says Lowell,
"the executive authority of the crown is, in the eye of the law, very
wide, far wider than that of the chief magistrate in many countries,
and well-nigh as extensive as that now possessed by the monarch in any
government not an absolute despotism; and although the crown has no
inherent legislative power except in conjunction with Parliament, it
has been given by statute very large powers of subordinate
legislation.... Since the accession of the House of Hanover the new
powers conferred upon the crown by statute have probably more than
made up for the loss to the prerogative of powers which have either
been restricted by the same process or become obsolete by disuse. By
far the greater part of the prerogative, as it existed at that time,
has remained legally vested in the crown, and can be exercised
to-day."[73]
[Footnote 73: Government of England, I., 23, 26.]
The next fundamental thing to be observed is that the extended powers
here referred to are exercised, not by the king in person, but by
ministers with whose choosing the sovereign has but little to do and
over whose acts he has only an incidental and extra-legal control.
Underlying the entire constitutional order are two principles whose
operation would seem to reduce the sovereign to a sheer nonentity. The
first is that the crown shall perform no important governmental act
whatsoever save through the agency of the ministers. The second is
that these ministers shall be responsible absolutely to Parliament for
every public act which they perform. From these principles arises the
fiction that "the king can do no wrong," which means legally that the
sovereign cannot be adjudged guilty of wrongdoing (and that therefore
no proceedings may be instituted against him), and politically that
the ministers are responsible, singly in small affairs and (p. 057)
conjointly in more weighty ones, for everything that is done in the
crown's name. "In a constitutional point of view," writes an English
authority, "so universal is the operation of this rule that there is
not a moment in the king's life, from his accession to his demise,
during which there is not some one responsible to Parliament for his
public conduct; and there can be no exercise of the crown's authority
for which it must not find some minister willing to make himself
responsible."[74] In continental countries the responsibility of
ministers is established very commonly by specific and written
constitutional provision. In Great Britain it exists by virtue simply
of a group of unwritten principles, or conventions, of the
constitution; but it is there none the less real. In the conduct of
public affairs the ministry must conform to the will of the majority
Public-domain text, read in full here on John Shaqi.
Reviews
Reviews
No reviews yet
Be the first to share your thoughts on this work.
Elsewhere in the archive
Join the Discussion
Join the discussion
Sign in to leave a comment or review.
Sign InorCreate an account