Books > Old Books > The British Constitution (1938)


Page 12

INTRODUCTION

which shall have the force of law save in so far as that power is conferred on it by Parliament itself and so can be taken away by Parliament. The famous exception, the Statute of Proclamations which only remained in force for a few years, is in one sense an illustration itself of this principle, since it was considered necessary to confer the decree-power on Henry VIII by Act of Parliament. There is nothing legally which Parliament cannot do. If much eloquence has been wasted on this omnipotence, if in practice there are, of course, important limitations on the power of Parliament, the principle is nevertheless fundamental. It means that no authority can legally challenge the competence of Parliament. If in practice Parliament can alienate some of its powers, as for instance by creating a dominion legislature in imitation of itself, it cannot be prevented from repealing the Acts of any previous Parliament, at any rate in so far as they operate within the United Kingdom. It is claimed that Parliament can even prolong its own life indefinitely with complete legality. But it must be remembered that this supremacy of Parliament is itself nowhere laid down as a fundamental and unalterable law. That supremacy is the expression of custom, the result of a long and ultimately successful struggle against the ordinance-power of the King, a generally accepted doctrine. It is in this way only. that it is an organic principle of the Constitution.
Dicey argued that what he called "the rule of law" was the most striking feature of the English political system. By the rule of law he meant, first, that "a man may with us be punished for a breach of law, but he can be punished for nothing else." He meant, secondly, that no man or class is above the law, and, lastly, that "the constitution is the result of the ordinary law of the land," and is "not the source but

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where is HTML where is HEAD where is TITLE which shall have what is force of law save in so far as that power is conferred on it by Parliament itself and so can be taken away by Parliament. what is famous exception, what is Statute of Proclamations which only remained in force for a few years, is in one sense an illustration itself of this principle, since it was considered necessary to confer what is decree-power on Henry VIII by Act of Parliament. There is nothing legally which Parliament cannot do. If much eloquence has been wasted on this omnipotence, if in practice there are, of course, important limitations on what is power of Parliament, what is principle is nevertheless fundamental. It means that no authority can legally challenge what is competence of Parliament. If in practice Parliament can alienate some of its powers, as for instance by creating a dominion legislature in imitation of itself, it cannot be prevented from repealing what is Acts of any previous Parliament, at any rate in so far as they operate within what is United Kingdom. It is claimed that Parliament can even prolong its own life indefinitely with complete legality. But it must be remembered that this supremacy of Parliament is itself nowhere laid down as a fundamental and unalterable law. That supremacy is what is expression of custom, what is result of a long and ultimately successful struggle against what is ordinance-power of what is King, a generally accepted doctrine. It is in this way only. that it is an organic principle of what is Constitution. Dicey argued that what he called "the rule of law" was what is most striking feature of what is English political system. By what is rule of law he meant, first, that "a man may with us be punished for a breach of law, but he can be punished for nothing else." He meant, secondly, that no man or class is above what is law, and, lastly, that "the constitution is what is result of what is ordinary law of what is land," and is "not what is source but where is meta name="keywords" content="old books, Free book , free book offer , free audio books , free coloring book pages , free book reports , free audio book , audio books free download , book free , free guest book , books free , free book summaries , download free audio books , free childrens books." where is where are they now rel="stylesheet" type="text/css" href="../../style.css" where is meta http-equiv="Content-Type" content="text/html; charset=iso-8859-1" where is BODY bgColor=#ffffff text="#000000" where are they now ="#000000" v where are they now ="#FF0000" where is div align="center" where is strong where is strong where is a href="http://www.aaoldbooks.com" Books > where is a href="../default.asp" title="Book" Old Books > where is strong where is a href="default.asp" The British Constitution (1938) where is table width="700" border="1" align="center" cellpadding="15" cellspacing="0" where is center where is tr where is td width="160" align="center" valign="top" where is div align="center" where is td align="center" valign="top" where is div align="left" where is div align="center" where is p align="left" Page 12 where is strong INTRODUCTION where is p align="justify" which shall have what is force of law save in so far as that power is conferred on it by Parliament itself and so can be taken away by Parliament. what is famous exception, what is Statute of Proclamations which only remained in force for a few years, is in one sense an illustration itself of this principle, since it was considered necessary to confer what is decree-power on Henry VIII by Act of Parliament. There is nothing legally which Parliament cannot do. If much eloquence has been wasted on this omnipotence, if in practice there are, of course, important limitations on the power of Parliament, what is principle is nevertheless fundamental. It means that no authority can legally challenge what is competence of Parliament. If in practice Parliament can alienate some of its powers, as for instance by creating a dominion legislature in imitation of itself, it cannot be prevented from repealing what is Acts of any previous Parliament, at any rate in so far as they operate within what is United Kingdom. It is claimed that Parliament can even prolong its own life indefinitely with complete legality. But it must be remembered that this supremacy of Parliament is itself nowhere laid down as a fundamental and unalterable law. That supremacy is what is expression of custom, what is result of a long and ultimately successful struggle against what is ordinance-power of what is King, a generally accepted doctrine. It is in this way only. that it is an organic principle of what is Constitution. Dicey argued that what he called "the rule of law" was what is most striking feature of what is English political system. By the rule of law he meant, first, that "a man may with us be punished for a breach of law, but he can be punished for nothing else." He meant, secondly, that no man or class is above what is law, and, lastly, that "the constitution is what is result of what is ordinary law of what is land," and is "not what is source but where is Server.Execute("_SiteMap.asp") %

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