The Growth of the English Constitution from the Earliest TimesFreeman, Edward A. (Edward Augustus)
History
The Growth of the English Constitution from the Earliest Times
Freeman, Edward A. (Edward Augustus)
Constitutional history -- Great Britain
(2) This of course leaves to the Ministry the power of appealing to the
country by a dissolution of Parliament; but, if the new Parliament also
declares against them, it is plain that they have nothing to do but to
resign office. In the case of 1841 Lord Melbourne dissolved Parliament,
and, on the meeting of the new Parliament, an amendment to the address
was carried by a majority of ninety-one, August 28, 1841. The Ministry
therefore resigned.
(3) This is well set forth by Sir John Fortescue, De Laudibus Legum
Angliæ, cap. 36: “Neque Rex ibidem, per se aut ministros suos,
tallegia, subsidia, aut quævis onera alia, imponit legiis suis, aut
leges eorum mutat, vel novas condit, sine concessione vel assensu
totius regni sui in parliamento suo expresso.”
(4) How very recent the establishment of these principles is will be
seen by anyone who studies the history of the reign of George the Third
in the work of Sir T. E. May. Mr. Pitt, as is well known, kept office
in defiance of repeated votes of the House of Commons, and at last, by
a dissolution at a well-chosen moment, showed that the country was on
his side. Such conduct would not be deemed constitutional now, but the
wide difference between the constitution of the House of Commons then
and now should be borne in mind.
(5) Though the command of the Sovereign would be no excuse for any
illegal act, and though the advisers of any illegal act are themselves
responsible for it, yet there would seem to be no way provided for
punishing an illegal act done by the Sovereign in his own person. The
Sovereign may therefore be said to be personally irresponsible.
(6) See Macaulay, iv. 435. It should not be forgotten that writers like
Blackstone and De Lolme say nothing about the Cabinet. Serjeant Stephen
supplies the omission, ii. 447.
(7) The lowly outward position of the really ruling assembly comes out
in some degree at the opening of every session of Parliament. But it is
far more marked in the grotesque, and probably antiquated, ceremonies
of a Conference of the two Houses. This comes out most curiously of all
in the Conference between the two Houses of the Convention in 1688. See
Macaulay, ii. 660.
(8) See Note 56, Chapter ii.
(9) See Macaulay, iv. 437.
(10) “Ministers” or “Ministry” were the words always used at the
time of the Reform Bill in 1831-1832. It would be curious to trace
at what time the present mode of speech came into vogue, either in
parliamentary debates or in common speech.
Another still later change marks a step toward the recognition of the
Cabinet. It has long been held that a Secretary of State must always
accompany the Sovereign everywhere. It is now beginning to be held that
any member of the Cabinet will do as well as a Secretary of State. But
if any member of the Cabinet, why not any Privy Councillor?
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