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Such being the direct and formal communications between Responthe Crown and Parliament, it may be added that the presence su
sible minisof ministers, in both houses, maintains the closest relations both of the Crown with the legislature. The representation of every department of the state by members of Parliament, and the principles of ministerial responsibility, long since established in our constitution, bring the executive govern. ment and the legislature into uninterrupted intercourse and combined action. Where no formal communication between the Crown and Parliament is technically required, the introduction of a measure by his Majesty's ministers, attests the royal approval; and when amendments are made, by either house, which ministers accept instead of abandoning the measure, or resigning office, they are under an obligation to advise the King to signify his royal assent to the bill, when it has been agreed to by both houses. Again, when the measures or policy of ministers are condemned by Parliament, a change of administration restores agreement between the executive and the legislature. Ministers are responsible alike to the Crown and to Parliament, and so long as they are able to retain the con. fidence of both, the harmonious action of the several estates of the realm is secured.1
1 For further illustrations of the constitutional relations of ministers with Parliament, see 4 Macaulay, Hist. 430, et seq.; May, Const. Hist. chap. 7; 2 Todd, Parl. Government, (new edition, 1892) 25, et seq.; Bage
hot on the English Constitution;
nature of a bill.
PROCEEDINGS OF PARLIAMENT IN PASSING PUBLIC BILLS. Table of
see Intro General IF bills were not a more convenient form of legislation, duction
of both houses might enact laws in the form of resolutions, Ancient provided the royal assent were afterwards given. In the mode of
earlier periods of the constitution of Parliament, all bills
were, in fact, prepared and agreed to in the form of peti-
i Rot Parl. passim.
? 3 ib. 256 (13th Richard II.); ib. 368 (21st Richard II.); stat. 21st Richard II. c. 16.
3 3 Rot. Parl. 102 (5th Richard II. No. 23); 3 ib. 141 (6th Richard II.
No. 30); 3 ib. 418 (1st Henry IV.);
Chapter should be bound without their assent; saving always to
our liege lord his real prerogative to grant and deny
But petitions from the Commons, which were originally Origin of
se of practices is entered upon, it may be premised that the practice of in the Lords and Commons is so similar in regard to the several houses. stages of bills, and the proceedings connected with them, that, except where variations are distinctly pointed out, a statement of the proceedings of one house is equally de
scriptive of the proceedings of the other. For the
As a general rule, bills may originate in either house : Where practice re- but the exclusive right of the House of Commons to grant originate.
bills garding the Lords, supplies, and to impose and appropriate all charges upon and charges upon the the people, renders it necessary to introduce by far the people, see
te greater proportion of bills into that house.
1 4 Rot. Parl, 22, No. 10.
Cotton's Abridgment, Preface.
A bill which concerns the privileges or proceedings of Chapter either house, should, in courtesy, commence in that house to which it relates. But bills affecting privileges of the other house have, nevertheless, been admitted without objection. Amendments, however, concerning the privileges and jurisdiction of the Lords, have given rise to
discussions in both houses. S
and in blood should commence with them; and such bills
committee, the bill is appointed for third reading upon a Attainder future day. Bills of attainder, and of pains and penalties,
generally originate in the House of Lords, being of a
13 Hatsell, 69; 2 Stephen's Blackstone, 372.
2 Votes by Proxy Abolition Bill 1832; 11 H. D. 3 s. 1156; Election of Scotch Representative Peers Bill, 1869, 194 ib. 988; Members' Seats Vacating Bill (Lords), 8th June, 1832, 64 L. J. 286. Lord Radnor thought the other house "might take a technical objection to the measure, on the ground that it was one which ought not to have arisen in the House of Lords.” Lord Northampton did not think “the subject was one with which their lordships had a right to interfere," 13 H. D. 3 s. 611. 1086. Bishops in Parliament Bills, 1834, 1836, and 1837. The Irish bishops were excluded from their seats in the House of Lords, in 1869, by a bill brought from the Commons. Lords' Spiritual Bill, 1870, 125 C. J. 269.
: See debate in the Lords on the Court of Chancery Improvement Bill (then in the Commons), 23rd June, 1851, 117 H. D. 3 s. 1069; and debates in Lords and Commons in 1873 on amendments proposed to be made in the Commons to the Judicature Bill, by which appeals from the courts of Scotland and Ireland were to be withdrawn from the House of Lords, 217 ib. 10. 154.
4 Maxwell's Restitution Bill, 1848; Drummond's Restitution Bill, 1853; Lord Lovat's Restitution Bill, 1854; Carnegie's Restitution Bill, 1855.
5 Drummond's Restitution Bill. The signification of the Queen's consent being omitted, the proceed ings were declared null and void, 108 C. J. 576. 578.
6 Earl of Mar's Restitution Bill, 1885, 140 ib. 374. 381.
Chapter A bill for a general pardon, or act of grace, as it is com- Act of XIX. monly termed, originates with the Crown, and is read once
10° general only in each house, all the members being uncovered, after pardon. which it receives the royal assent in the ordinary form. Such a bill cannot be amended by either house of Parliament, but must be accepted in the form in which it is received from the Crown, or rejected. An act of indemnity, protecting persons against the consequences of any breach
of the law, is proceeded with as an ordinary bill, though, Bills being usually an urgent matter, the bill is passed through passed with erpedition all its stages at one sitting.” seesp. 516. Bills are divided into the two classes, of public and private Public and
bills. The former, relating to matters of public policy, are bills. introduced directly by members of the house, while the
latter are founded upon the petitions of parties interested. Procedure The greater part of these proceedings apply equally to both bills, see p.
P. classes of bills : but the progress of private bills is governed 672.
by so many peculiar regulations and standing orders, in
a presented a bill, and to have it laid upon the table, without notice. In the In the Commons, a member may either present a bill 4 or Lord
Presented move for leave to bring in a bill, but in either case due or ordered Motions notice must have been given. In making a motion for for leave
· leave to bring in a bill, he may explain the object of the nmence bill, and give reasons for its introduction ; but unless the ment of public motion be opposed, this is not the proper time for any business, see p. 257.
1 14 L. J. 502.503 (1690) ; 25 C. J. Plunket), 1880; 254 H. D. 3 s. 646. 406 (1747); 4 Burnet's Own Time, 33 H. D. 24; 13 H. D. 3 s. 1188. 121 ; 3 Macaulay's Hist. 575.
By standing order, the name of the * Earl of Winchilsea's Indemnity lord presenting a bill is printed in Bill, 5th June, 1820, 75 C. J. 275. the minutes. 276; Lord Harborough’s Indemnity Notices of the presentation of Bill, 21st Aug. 1820, 75 ib. 478; bills without an order of the house Earl of Scarborough's Indemnity for their introduction are set down Bill, 6th Sept. 1841; Forsyth's In- on the notice paper at the comdemnity Bill, 1866; Lord Byron's mencement of public business, im. Indemnity Bill, 1880, 135 ib. 306; mediately before the notices of 254 H. D. 3 s. 646; 96 C. J. 542; motions that may be taken at that 121 ib. 239; 135 ib. 371 (Lord time.