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MELBOURNE, SYDNEY AND ADELAIDE GEORGE ROBERTSON AND CO.
1887
All rights reserved
Richard Husstis
CONTENTS.
INTRODUCTION -
PAGI
PAGE
I
15
16
18
20
CHAPTER 1.—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
22
23
27
32
35
37
42
CHAPTER II.—THE LEGAL EXPRESSION OF THE ROYAL
WILL IN LEGISLATION.
§ 1. 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 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
8. Legislation by Bill -
9. Deliberations of Parliament apart from the King
10. Why the Royal fiat is now never withheld -
48
51
52
53
57
58
60
50
67
-
CHAPTER III.-THE LEGAL EXPRESSION OF THE ROYAL
WILL IN JUDICATURE.
$ 1. The King is the fountain of justice
66
2. The Prerogative of justice was formerly exercisable by the
King in person
3. But it is now exercised through his Judges exclusively 71
4. The Judges are those only who are known to the law
75
5. Legal securities for the due exercise of the judicial office 78
6. The tenure of the judicial office
82
7. The supremacy of the law
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
92
2. The commands must proceed from the King
94
3. The agencies through which the Royal commands are
signified -
4. Cases in which the Royal commands are given directly
5. Every officer is personally liable for the legality of his
official acts
6. The King's express commands form no justification for an
illegal act
7. Every counsellor is personally liable for the legality of his
official advice
107
8. Every servant of the Crown is amenable to the ordinary
tribunals -
109
9. Procedure by impeachment
96
98
IOI
IO2
III
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
118
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
124
5. Influences favourable to the practice of Parliamentary
127
6. Practical operation of Parliamentary Government
130
7. Parliamentary Government in the colonies -
132
I20
CHAPTER VI.—THE CONTROLLING POWER OF PARLIAMENT.
$ 1. The origin of Parliamentary control
136
2. The control by Parliament of the Judges
141
3. The control by Parliament of the Executive
145
4. The controlling action of Parliament is indirect
149
5. The special approbation by Parliament of the Executive 151
6. Parliament needs not assign reasons for 'its mistrust of
ministers -
154
157
162
168
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
5. Is the simultaneous creation of a large number of Peers for
a special palitical object constitutional ?
6. How variances between the two Houses on matters of
privilege are settled
7. Good faith in the exercise of constitutional powers
175
178
185
190
197.
199
201
204
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
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
207
215
218
223
226
CHAPTER IX.—THE RELATION OF THE MINISTERS TO
PARLIAMENT.
IS 1. Impediments in the performance of their duty are the only
valid reason for resignation of ministers
230
2. Impediments arising from the King
232