FREE BOOKS

Author's List




PREV.   NEXT  
|<   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99  
100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   >>   >|  
d. 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 This right, never expressly withdrawn, is regarded now as having been forfeited by disuse.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.] *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 princip
PREV.   NEXT  
|<   75   76   77   78   79   80   81   82   83   84   85   86   87   88   89   90   91   92   93   94   95   96   97   98   99  
100   101   102   103   104   105   106   107   108   109   110   111   112   113   114   115   116   117   118   119   120   121   122   123   124   >>   >|  



Top keywords:

powers

 
exercised
 

prerogative

 

disuse

 

statute

 

sovereign

 

legislative

 

legally

 
Parliament
 

assent


Footnote

 

legislation

 

conferred

 

Hanover

 

accession

 
absolute
 

extensive

 

possessed

 
countries
 

magistrate


monarch

 

conjunction

 

inherent

 

government

 
despotism
 

subordinate

 

remained

 

choosing

 

ministers

 

extended


referred

 

person

 
constitutional
 
princip
 

entire

 

Underlying

 

incidental

 

control

 

observed

 

greater


existed

 
obsolete
 

restricted

 

process

 

fundamental

 

vested

 

Government

 

England

 
Principles
 
function