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approach the Crown by address with advice upon the subject. Thus, in 1836, the House of Commons begged his Majesty to discourage Orange Lodges and secret societies generally, which led to the formal dissolution of the Orange Society of the United Kingdom. Again, in 1856, an address to the Queen for the issue of a commission to determine the site of the New National Gallery was carried against the Ministry, and a commission granted by the Crown. Various other precedents also confirm this point. However, as long as any existing Government retains the confidence of Parliament, it is unwise as a general principle to interfere with it in matters of administration. Should the Crown itself attempt to encroach upon the functions of Parliament, it is the duty of that august body to interpose, and to call to account the Ministry which is responsible for any excess of executive authority. Her Majesty can neither alter, add to, nor dispense with any existing law of the realm ; but in times of emergency the Crown, acting under the advice of responsible ministers, may properly anticipate the future action of Parliament by a temporary suspension of certain classes of statutes. Such power is exercised by Orders in Council or Royal Proclamations.
ORDERS IN COUNCIL.
“A large proportion of what may be called the details of legislation rests upon the authority of Orders in Council. . . . As examples of the variety and importance of the subjects to which the form of quasi-legislation is applicable, it may be stated that Orders in Council, or Royal Proclamations* which are usually issued in pursuance of the same, are promulgated for the assembling, prorogation, and dissolution of Parliament; for declaring war; for confirming or disallowing the Acts of Colonial Legislatures; for giving effect to treaties; for extending the terms of patents; for granting charters of incorporation to companies or municipal bodies ; for proclaiming ports, fairs, &c.; for deciding causes on appeal; for creating ecclesiastical districts; for granting exemptions from the law of mortmain; for the regulation of the Board of Admiralty, and of appointments to offices in the various departments of state ; for creating new offices, and defining the qualifications of persons to fill the same; and for declaring the period at which certain Acts of Parliament (the operation of which has been left by the legislature to the discretion of the Queen in Council) shall be enforced. When the Sovereign declares war
* A Royal Proclamation cannot make a law, but it can add force to a law already made.
against a foreign Power, proclamations are usually issued, materially altering the ordinary laws relating to trade, and imposing rules for the conduct of trade with neutrals or belligerents. Proclamations are also issued to fix the mode, time, and circumstances of putting into execution certain laws, the operation of which has been left to the discretion of the executive government; or, for the purpose of making formal declaration of existing laws and penalties, and of the intention of Government to enforce the same; or, to appoint and direct the keeping of a day of observance, whether as a fast or thanksgiving.”
Abstractly, however, the Crown has no constitutional right to issue either Orders in Council or Royal Proclamations which appear to sanction any departure from the laws of the land, but trusts to the good sense of the people and to Parliament to indemnify the issuers. And Parliament has always been willing to indemnify the Government for the timely exercise of authority for the public welfare, although it may have led to an overstepping of the constitutional limits of executive power.
Now let us see what control her Majesty has over the public expenditure. No doubt you are all aware, that from a very early period in the history
of England the right of taxation, and the granting of supplies for the public service, belong exclusively to Parliament. You know that in Magna Charta it is enacted that "no scutage or aid shall be imposed in our kingdom unless by the general council ;" that in the statute De tallagio non concedendo it is declared that “no tallage or aid shall be levied without the assent of the archbishop, bishops, earls, barons, knights, burgesses, and other freemen of the land ;" that in the Bill of Rights it is guaranteed that “no man be compelled to make any gift, loan, or benevolence or tax, without common consent by Act of Parliament;" and that it is finally established by the Act of Settlement that “money levied for the use of the Crown, without grant of Parliament, is illegal.” Thus, then, the Crown is entirely dependent upon Parliament for its revenues ; but, though dependent, it has a direct control over all supplies to be raised in the House. The true doctrine on this head has been briefly stated by May, in the following words : “ The Crown, acting with the advice of its responsible ministers, being the executive power, is charged with the management of all the revenues of the country, and with all payments for the public service. The Crown, therefore, in the first instance, makes known to the Commons the pecuniary necessities of the Government, and the Commons grant such aids or supplies as are required to satisfy these demands, and provide by taxes, and by the appropriation of other sources of the public income, the ways and means to meet the supplies which are granted by them. Thus the Crown demands money, the Commons grant it, and the Lords assent to the grant. But the Commons do not vote money unless it be required by the Crown; nor impose nor augment taxes unless they be necessary for meeting the supplies which they have voted, or are about to vote, and for supplying general deficiencies in the revenue. The Crown has no concern in the nature or distribution of taxes; but the foundation of all parliamentary taxation is, its necessity for the public service, as declared by the Crown through its constitutional advisers.” No money can be voted by Parliament for any purpose whatever except at the demand of the Crown; no petition for any sum of money relating to the public service can be received by Parliament unless recommended by the Crown. Parliament cannot proceed upon any motion for a grant or charge upon the public revenue, whether payable out of the Consolidated Fund or out of moneys to be provided by Parliament, unless recommended from the Crown; and all propositions