MELBOURNE, SYDNEY AND ADELAIDE

GEORGE ROBERTSON AND CO.

1887

All rights reserved

Lax03-24-31 IWN.

Richard Hains

CONTENTS.

INTRODUCTION

CHAPTER I.-THE KINGSHIP OF ENGLAND.

§ 1. The form of the Constitution is a limited monarchy

2. The King is a true monarch and not an executive officer

3. The monarchy is limited by the substitution of the official

will of the King for his personal will

4. Meaning of the maxim "the King can do no wrong"

5. Legal analogies to the specific expression of the Royal will

6. The contest of Parliament with the Stuart Kings arose from

the confusion between the King's personal and his

official will

7. The same principle was the ground of the distinction

between the Whig and the Tory parties

8. The Constitution is governed by the law of evolution

CHAPTER II.-THE LEGAL EXPRESSION OF THE ROYAL

WILL IN LEGISLATION.

§ 1. Affection of our ancestors for the Common Law

35

2. Supposed power of the Crown to make by proclamation new

statutes

37

-

3. Supposed power of the Crown to suspend or dispense with
existing statutes

4. Supposed inalterability of the Common Law by statute

5. The power of legislation still rests with the King, not alone,

but in Parliament

6. Legislation in Council

7. Legislation on Petition

52

53

8. Legislation by Bill

9. Deliberations of Parliament apart from the King

10. Why the Royal fiat is now never withheld

57

58

60

CHAPTER III.-THE LEGAL EXPRESSION OF THE ROYAL
WILL IN JUDICATURE.

§ 1. The King is the fountain of justice -

2. The Prerogative of justice was formerly exercisable by the

King in person

3. But it is now exercised through his Judges exclusively

4. The Judges are those only who are known to the law

5. Legal securities for the due exercise of the judicial office

6. The tenure of the judicial office

7. The supremacy of the law

PAGE

66

67

71

75

78

82

89

CHAPTER IV.-THE LEGAL EXPRESSION OF THE ROYAL

WILL IN ADMINISTRATION.

§ 1. The proper mode of expressing the Royal commands,

illustrated in Sir Walter Mildmay's case

2. The commands must proceed from the King

4. Cases in which the Royal commands are given directly
5. Every officer is personally liable for the legality of his
official acts

3. The agencies through which the Royal commands are

signified

94

6. The King's express commands form no justification for an

illegal act

102

7. Every counsellor is personally liable for the legality of his

official advice

-

107

109

III

8. Every servant of the Crown is amenable to the ordinary

tribunals -

9. Procedure by impeachment

CHAPTER V.-THE DISCRETIONARY POWERS OF THE

CROWN.

§ 1. Importance of the regulation of the lawful acts of Prerogative 116

2. The Prerogative is exercised by ministers who possess the

confidence of Parliament

3. Both the confidence of the Crown and the confidence of

Parliament in ministers are essential in Parliamentary

Government

4. Why Parliamentary Government is not the subject of positive

law

6. Practical operation of Parliamentary Government

7. Parliamentary Government in the colonies -

124

127

130

132

CHAPTER VI.-THE CONTROLLING POWER OF PARLIAMENT.

5. The special approbation by Parliament of the Executive

6. Parliament needs not assign reasons for 'its mistrust of

ministers -

CHAPTER VII.-THE HARMONY OF THE SEVERAL

POWERS IN THE STATE.

§ 1. How variances between the Crown and Parliament are

settled

2. Cases in which a dissolution of Parliament is proper

3. How variances between the two Houses on matters of

administration are settled

4. How variances between the two Houses on matters of

legislation are settled

151

154

157

-

162

168

175

178

185

190

5. Is the simultaneous creation of a large number of Peers for
a special political object constitutional ?

6. How variances between the two Houses on matters of
privilege are settled

7. Good faith in the exercise of constitutional powers -

CHAPTER VIII.-THE CABINET.

§ 1. Description of modern Administration

2. Description of Administration before the Restoration

3. The separation of the Cabinet from the Privy Council

4. The Cabinet selected from the majority in Parliament

5. Cabinet councils held without the presence of the King

6. Corporate character of the Cabinet

7. The decision of the majority binds the Cabinet

218

223

226

8. The Cabinet is responsible for the acts of each of its

members

9. The office of Prime Minister

10. History of the present system of Cabinets

CHAPTER IX.-THE RELATION OF THE MINISTERS TO

PARLIAMENT.

$1. Impediments in the performance of their duty are the only

valid reason for resignation of ministers

2. Impediments arising from the King