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
wise or beneficial to the nation, and that therefore, according to a
conventional code as well understood and as effectual as the written
Law itself, they were bound to resign offices of which the House of
Commons no longer held them to be worthy. The House made no claim to
dismiss those Ministers from their offices by any act of its own; it
did not even petition the Crown to remove them from their offices. It
simply spoke its mind on their general conduct, and it was held that,
when the House had so spoken, it was their duty to give way without
any formal petition, without any formal command, on the part either
of the House or of the Sovereign(2). The passing by the House of
Commons of such a resolution as this may perhaps be set down as the
formal declaration of a constitutional principle. But though a formal
declaration, it was not a legal declaration. It created a precedent for
the practical guidance of future Ministers and future Parliaments, but
it neither changed the Law nor declared it. It asserted a principle
which might be appealed to in future debates in the House of Commons,
but it asserted no principle which could be taken any notice of by a
Judge in any Court of Law. It stands therefore on a wholly different
ground from those enactments which, whether they changed the Law or
simply declared the Law, had a real legal force, capable of being
enforced by a legal tribunal. If any officer of the Crown should levy a
tax without the authority of Parliament, if he should enforce martial
law without the authority of Parliament, he would be guilty of a legal
crime. But, if he merely continues to hold an office conferred by the
Crown and from which the Crown has not removed him, though he hold it
in the teeth of any number of votes of censure passed by both Houses of
Parliament, he is in no way a breaker of the written Law. But the man
who should so act would be universally held to have trampled under foot
one of the most undoubted principles of the unwritten but universally
accepted Constitution.
Public-domain text, read in full here on John Shaqi.
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