The Government of England: Its Structure and Its Development

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Longmans, Green, 1887 - 636 páginas

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CHAPTER II THE LEGAL EXPRESSION OF THE ROYAL WILL IN LEGISLATION
35
Affection of our ancestors for the Common Law 2 Supposed power of the Crown to make by proclamation new statutes
37
Supposed inalterability of the Common Law by statute 5 The power of legislation still rests with the King not alone but in Parliament
39
Wm Beal
48
Legislation in Council
52
34
62
The King is the fountain of justice
66
The Judges are those only who are known to the law
75
The tenure of the judicial office
84
THE LEGAL EXPRESSION OF THE ROYAL
92
Cutbill 579
105
THE DISCRETIONARY POWERS OF
116
Legislation on Petition
127
PAGE
136
Legislation by Bill
142
Stepneys case 310
143
236
156
THE HARMONY OF THE SEVERAL
157
The Coalition Ministry
158
administration are settled
168
How variances between the two Houses on matters
175
TABLE OF CONSTITUTIONAL PRECEDENTS
180
How variances between the two Houses on matters
185
Sir Charles Darlings recall
194
597
196
THE CABINET
197
28
215
Why the Royal fiat is now never withheld 48
217
ACTS OF THE PARLIAMENT OF VICTORIA
224
Impediments in the performance of their duty are the only
230
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
Lakes on 2431 Iun 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
31
293
The Ordinary Council
295
The Courts at Westminster developed from the Ordinary Council
299
37
300
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
Richard II c 10 Administration of Justice
325
The free tenures
326
The Council of Salisbury PAGE
327
and 18
328
The incidents of tenure
333
The conversion of the military tenures into socage
338
The Ancient Demesne of the Crown
343
THE REVENUES OF THE CROWN PAGE 1 The ordinary revenue of the Crown
351
The extraordinary revenue of the Crown
354
The substitution of taxes for rents and other imposts
357
The history of Parliamentary supplies
362
The commencement of modern finance
366
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
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
for purposes of taxation
418
Assemblies of military tenants of clergy and of townsmen 3 The financial assemblies became political councils
423
8
427
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
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
Privileges of Parliament 134 616
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 PAGE
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
Henry III Statute of Merton
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 1 Meaning of the expression the Commons House of Parliament
498
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
The original electors in counties
534
Henry VI c 7 Elections
538
The history of electoral changes
541
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
and 19 c 55 Constitution of Victoria 9 583 588602618
583
and 23
597
Public Works 281
598
Customs
601
Report of the Committee of Elections and Qualifications
610
52
625
Fergie 370
628
9
633
27
635
53
13
9
12
60
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