Military law

Responsibility of ministers for the control of the army and navy

Security against abuse in the necessary sanction of Parliament

Absolute power of the Crown to remove officers from the army and

militia

PAGE

. 526

527

529

530

531

. 534

Circular addressed to colonial governors on the subject of martial law

Ministers held responsible when it is resorted to

551

553

Enquiry into the circumstances under which martial law was pro-
claimed by Governor Eyre in Jamaica

Royal Prerogative of Mercy.

The Sovereign the proper person to prosecute for all offences and

breaches of the peace.

This prerogative subject to the control of Parliament

Mode of dealing with a general act of grace, by the House of Lords,

when received from the Sovereign

The responsible officials for the granting of royal pardons

The Home Office a court of review in criminal cases

Bills of indemnity may originate in either House .

The prerogative is strictly confined to criminal offences where the

Crown is a prosecutor

556

557

The duties of the Secretary of State in the exercise of this prerogative. 557

The Crown cannot remit a portion of a sentence merely

558

But may extend its mercy on what terms it pleases

558

The consent of the felon must be given to a change of punishment

Criminal cases come under the notice of the IIome Secretary only when

Withdrawal of the exercise of the prerogative of mercy from lieutenant-

governors in Canada.

Parliament should only interfere in this prerogative under extraordinary

circumstances

Enquiries addressed to ministers by members of the House

Precedents illustrating the interference of Parliament

The Sovereign the fountain of justice and conservator of peace

But cannot erect a court of justice without the indispensable co-opera-

tion of Parliament

Which has the power to remove judges by address to the Crown

Limits of parliamentary interposition

571

.572

Charges preferred against judges should be submitted to Parliament in

writing

PAGE

573

Matters sub judice should not be discussed in either House

Conduct of judges not to be lightly impugned

Corrupt practices in elections

Parliament has the right to demand full information on matters of

administration of justice

.576

But may not ask for copies of opinions of the law officers of the Crown

to the executive government

Judges' notes and coroners' notes can only be produced by consent of

the officer himself .

576

.578

The Sovereign and House of Lords have a right to require the opinions

of judges on abstract questions of law

Precedents illustrating the procedure of Parliament in abuses concerning

administration of justice

578

578

CHAPTER XIII.

ROYAL PREROGATIVE IN GRANTING HONOURS AND REWARDS.

This prerogative is exercised on the advice of responsible ministers

Honours should be bestowed by the spontaneous action of the Crown,

not necessarily at the instigation of ministers

589

589

590

Exceptional cases admit of the advice of Parliament thereon.

Rule with regard to the acceptance of foreign orders by British subjects. 590

Precedents of parliamentary action taken in the House with regard to

this prerogative

In the case of Speakers of the House of Commons

Parliament has no control over the creation of peers

A bankrupt peer disqualified from sitting in the House of Lords

Procedure in resolutions and votes of thanks.

591

592

592

593

. 593

CHAPTER XIV.

ROYAL PREROGATIVE IN GRANTING CHARTERS.

The Crown cannot create corporations with powers which transcend

the law

Precedents illustrating procedure in the House in the affairs of cor-
porate bodies

CHAPTER XV.

ROYAL PREROGATIVE IN REGARD TO OFFICES AND PUBLIC OFFICERS.

The Crown has the power to create offices

PAGE

. 609

And to choose persons to fill places of emolument and trust

Restrictions in the creation of new offices

. 609

. 609

Abuse of patronage

. 610

Division of officers of the Crown into political and non-political
Principle of permanence in the civil service.

A contrast to the American system

Appointments, though made in the name of the Sovereign, must be

Concerning appointments to the Church

. 612

. 613

. 613

. 615

. 616

. 618

Necessity of having every public department represented in Parliament. 628

Subordination of all permanent officials to some political head
The Crown has absolute power to dismiss all public servants holding
office during pleasure'

629

629

Permanent officials can only be dismissed for incompetence or misconduct 630

Such officials should abstain from taking an active part in political

contests.

Fidelity in the public service

Exercise of the power of dismissal

Employés not permitted to engage in outside work detrimental to the

interests of the service

631

.632

. 635

636

Control of Parliament by virtue of the grant of supplies for the main-

tenance of the service

660

Salaries and allowances of the officials of both Houses.

661

Precedents illustrating the control, appointment, and dismissal of public

CHAPTER XVI.

PREROGATIVE IN REGARD TO SUPPLY AND TAXATION.

The Crown demands money, the Commons grant it, and the Lords

assent to the grant

I. (a) Restrictions upon Parliament in matters of supply

Supplies only granted on demand of the Crown.

Also petitions for pecuniary relief, or public service

Select committees may not recommend compensation to indivi-

duals without previous sanction by the Crown

Bills imposing public charges

PAGE

€ 689

. 690

. 690

. 691

692

. 693

Standing orders affecting these Bills

695

Practice of the House of Lords less stringent in regard to pecu-

niary measures

696

Controversy as to the right of the Lords to inquire into public

expenditure

697

Precedents of recommendations involving expenditure by the

Lords

. 697

Wisdom of the restrictions in the Commons on pecuniary grants 699

Resolutions or addresses incurring expenditure.

Should originate in committee of the whole House

When an address is objectionable

699

.700

. 701

701

Increase of a specific grant on the suggestion of the House.

Formal motions to take the sense of the House for a pecuniary aid 702

Precedents illustrating this mode of procedure

II. (b) Restrictions upon Parliament in matters of taxation.

Propositions concerning imperial taxes should emanate from

ministers

But concerning local taxes, may emanate from members

Precedents.

Enquiries of ministers concerning taxation.

When amendments to government schemes of taxation are in order 711

When it is inexpedient for private members to propose such

questions

Precedents of motions for the reduction or repeal of particular taxes 714

CHAPTER XVII.

RIGHTS AND PRIVILEGES OF PARLIAMENT, AND

ESPECIALLY OF

THE HOUSE OF COMMONS, IN THE GRANT OF MONEY FOR

The Crown may not receive gifts or raise loans without consent of

Parliament

724

Military reserve fund

724

PAGE

Public departments not permitted to dispose of stores without the

sanction of Parliament

Precedents of advances of money for public works

Remission of loans or debts require the sanction of Parliament

Precedents illustrating loans to foreign powers

Appointment of the Committee of Supply

Sources from which the revenue is derived

725

726

730

. 731

The Consolidated Fund

. 732

732

. 733

Annual charges for payment of interest on the unfunded debt

. 738

The unfunded debt

. 738

Classification, and contents, of the estimates.

Resolution governing the presentation of the estimates

The estimates

Supplementary estimates

Precedents of unsuccessful attempts to revise the estimates by select

committees

Precedents of motions to reduce public expenditure

Precedents of particular items rejected by the House

. 763

Resolutions of the Committee of Supply reported to the House

The time appointed for the House to resolve itself into a Committee of

Ways and Means

Taxes may be proposed in Committee of Ways and Means or other

committees

791