The Government of England: Its Structure and Its Development

Front Cover
Longmans, Green, 1887 - 636 pages
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Contents

and 14 c 72 Registration of Deeds
13
and 21 c 77 Judicial Committee
20
and
29
THE LEGAL EXPRESSION OF THE ROYAL WILL IN LEGISLATION
35
Wm Beal
48
Affection of our ancestors for the Common Law 2 Supposed power of the Crown to make by proclamation new statutes 3 Supposed power of the Cr...
51
Legislation in Council
52
17
64
WILL IN JUDICATURE
66
The Judges are those only who are known to the law
75
Edward III c 8 Delay of Justice
80
The tenure of the judicial office
84
25
91
THE LEGAL EXPRESSION OF THE ROYAL
92
Cutbill 579
105
THE DISCRETIONARY POWERS OF
116
37
121
Legislation on Petition
127
The origin of Parliamentary control
136
The control by Parliament of the Judges
141
Legislation by Bill
142
Stepneys case 310
143
The control by Parliament of the Executive
145
The controlling action of Parliament is indirect
149
The special approbation by Parliament of the Executive
151
Parliament needs not assign reasons for its mistrust of ministers
154
236
156
THE HARMONY OF THE SEVERAL POWERS IN THE STATE 1 How variances between the Crown and Parliament are settled
157
The Coalition Ministry
158
Cases in which a dissolution of Parliament is proper
162
How variances between the two Houses on matters of administration are settled
168
How variances between the two Houses on matters of legislation are settled
175
Is the simultaneous creation of a large number of Peers for a special political object constitutional ?
178
TABLE OF CONSTITUTIONAL PRECEDENTS
180
How variances between the two Houses on matters of privilege are settled
185
Good faith in the exercise of constitutional powers
190
Sir Charles Darlings recall
194
THE CABINET 1 Description of modern Administration
197
Description of Administration before the Restoration
199
The separation of the Cabinet from the Privy Council
201
The Cabinet selected from the majority in Parliament
204
Cabinet councils held without the presence of the King
207
Corporate character of the Cabinet
211
The decision of the majority binds the Cabinet
215
The Cabinet is responsible for the acts of each of its members
218
The office of Prime Minister
223
ACTS OF THE PARLIAMENT OF VICTORIA
224
History of the present system of Cabinets
226
Impediments in the performance of their duty are the only valid reason for resignation of ministers
230
Impediments arising from the King
232
42
233
Impediments arising from the House of Commons
239
Different opinions as to the nature of Parliamentary confidence in ministers
240
How these opinions may be reconciled
242
Review of the precedents of ministerial resignations
244
Explanation of the principle of open questions
254
THE RELATIONS OF THE MINISTERS TO THE OTHER SERVANTS OF THE CROWN 1 The presence in Parliament of ministers is essential to P...
257
Cavw 32431 IWN 51
258
The permanence of the main body of civil servants is essential to Parliamentary Government
259
The history of disqualifying legislation
262
52
265
The history of dismissions for political reasons
268
Principle upon which the distinction between the political and the nonpolitical servants of the Crown now rests
272
Official superiority of political servants
276
THE COUNCILS OF THE CROWN 1 The ambiguities connected with the Curia Regis
282
The Courts at Westminster developed from the Great Council
288
The Ordinary Council
295
The Courts at Westminster developed from the Ordinary Council
299
The other judicial developments of the Ordinary Council
309
The double jurisdiction of Ultimate Appeal
313
The Council Learned in the Law
319
THE LANDS OF THE CROWN AND THEIR TENURES 1 The varieties of landed property
324
The free tenures
326
The Council of Salisbury PAGE
327
The incidents of tenure
333
The constitutional theory of taxation
376
The Writ of 1295 425 476
381
The consolidated fund and the permanent taxes
382
The stoppage of supplies no longer a constitutional remedy
385
THE EXPENDITURE OF THE CROWN 1 The Civil List
389
The regulation of the Royal bounty
392
The alienation of the Crown lands 347
393
Diminished influence of the Crown from the change in the nature of its revenues
394
Diminished influence of the Crown from the regulation of its expenditure
398
Modern increase of the patronage of the Crown
402
Why the influence of the Crown has not proportionately increased
404
7
405
Advantages to the Crown from the change in its financial system
411
THE EVOLUTION OF PARLIAMENT 1 The original organ of English Government was the King in his Great Council
416
Assemblies of military tenants of clergy and of townsmen for purposes of taxation
418
The financial assemblies became political councils
423
The political councils of Knights and of townsmen were integrated into the House of Commons
432
The decadence of the legislative power of the Clergy
434
and 31 C 102 Reform Act 1867
436
Gradual character of these changes
437
THE HOUSE OF LORDS 1 The aristocracy and the peerage of England
442
The origin of the peerage territorial
444
PAGE
445
TABLE OF STATUTES
448
The function of the peerage
451
The creation of the peerage
452
The case of Nevill Duke of Bedford
453
The transmission of the peerage
457
The independence of the peerage
460
The privileges of the peerage strictly personal
463
POLITICAL REPRESENTATION 1 Representation why unknown in antiquity
466
Representation why used in England
471
10
474
The history of the representation of the counties
476
The history of the representation of the Clergy
478
The history of the representation of the towns
480
Importance of representation not recognized at its com mencement
489
Representation supplies the organ for the legal expression of the popular will
490
Representation is not a substitute but an independent institution
495
THE HOUSE OF COMMONS Parliament
498
Meaning of the expression the Commons House of 2 The representation of communities
501
The equal representation of electorates
503
The national character of representation
505
The independence of the House of Commons
511
Obsolete conditions of early representation
523
Henry V Resiancy
524
The original electors in counties
534
Henry VI c 7 Elections
538
The history of electoral changes
541
36
545
THE CHECKS UPON PARLIAMENT 1 The classification of governments
546
The influence of the Crown and the Cabinet
548
The bicameral system
553
The Lex et consuetudo Parliamenti
556
The influence of the courts of law
558
The publicity of the exercise of public functions
562
The right of political discussion
570
The freedom of the Press
576
27
579
PAGE
581
Privileges of Parliament 134 616
597
Public Works 281
598
Customs
601
Report of the Committee of Elections and Qualifications
610
52
625
and 48 c 30 Instruments under Great Seal
627
Fergie 370
628
27
635
53
13
12
17
and 19
60
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Page 501 - Parliament is not a congress of ambassadors from different and hostile interests ; which interests each must maintain, as an agent and advocate, against other agents and advocates ; but parliament is a deliberative assembly of one nation, with one interest, that of the whole ; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole.
Page 138 - ... it is accorded, that if any other case supposed treason which is not above specified, doth happen before any justices, the justices shall tarry without any going to judgment of the treason, till the cause be shewed and declared before the King and his parliament, whether it ought to be judged treason or other felony.
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