WILLIAM EDWARD HEARN, LL.D.

PROFESSOR OF HISTORY AND POLITICAL ECONOMY IN THE

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INTRODUCTION

CONTENTS.

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1

CHAPTER I.

The Kingship of England.

§ 1.

2.

The form of the Constitution is a limited monarchy

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.

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32

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

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

9. Deliberations of Parliament apart from the King

10. Why the Royal fiat is now never withheld

CHAPTER III The Legal Expression of the Royal Will in

Judicature.

§ 1. The King is the fountain of justice

3. But is now exercised by his judges exclusively

2. The Prerogative of justice was formerly exerciseable by the King

in person

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70

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

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87

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

3. The agencies through which the Royal commands are signified

4. Cases in which the Royal commands are given directly -

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92

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

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100

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

advice

104

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

9. Procedure by impeachment

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108

CHAPTER V. The Discretionary Powers of the Crown.

2.

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

The Prerogative is exercised by ministers who possess the confi-

dence of Parliament

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

ment in ministers are essential in Parliamentary Government 117

4. Why Parliamentary Government is not the subject of positive law 120

5. Influences favourable to the practice of Parliamentary Govern-

6. Practical operation of Parliamentary Government

7. Parliamentary Government in the colonies

CHAPTER VI. The Controlling Power of Parliament.

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§ 1. The origin of Parliamentary control

2. The control by Parliament of the judges

3. The control by Parliament of the executive

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4. The controlling action of Parliament is indirect -

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 adminis-
tration 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 political object constitutional?

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

are settled

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2. Description of Administrations before the Restoration

3. The separation of the Cabinet from the Privy Council

4. The Cabinet selected from the majority in Parliament

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5. Cabinet councils held without the presence of the King

6. Corporate character of the Cabinet

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7. The decision of the majority binds the Cabinet

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

9. History of the present system of Cabinets

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205

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

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4. Impediments arising from the House of Commons

5. Different opinions as to the nature of parliamentary confidence in

ministers

6. How these opinions may be reconciled

7. Review of the precedents of ministerial resignations

8. Explanation of the principle of "open questions"

CHAPTER X. The Relation of the Ministers to the other Servants

of the Crown.

§ 1. The presence in Parliament of ministers is essential to Parlia-

mentary Government

235

2. The permanence of the main body of civil servants is essential to

Parliamentary Government

5. Principle upon which the distinction between the political and

the non-political servants of the Crown now rests

3. The Courts at Westminster developed from the Great Council

5. The Courts at Westminster developed from the Ordinary Council - 276

6. The other judicial developments of the Ordinary Council

285

7. The double jurisdiction of Ultimate Appeal

289

8. The Council Learned in the Law

295