CHAPTER XIV THE SOVEREIGNTY, PRIVILEGES, AND PROCEDURE OF PARLIAMENT REFERENCES: Walpole's Electorate and the Legislature, 1–24, and 90163; May's Parliamentary Practice, 36-56, 57-410, and 433-492; Dicey's Law of the Constitution, 37-170; Courtney's Working Constitution of the United Kingdom, 100-106, and 179-216; Todd's Parliamentary Government in England, ii. 138-271; Anson's Law and Custom of the Constitution, 1. 42– 74, 232-303, and 347-374; Dickinson's Development of Parliament during the Nineteenth Century; Rose's Rise of Democracy. THE English Parliament as a whole has certain powers and characteristics not possessed by either House individually. A brief discussion, therefore, of the two Houses acting conjointly is necessary to an adequate understanding of the English govern ment. Composition. The Parliament of the United Kingdom of Great Britain and Ireland is composed of the King and three Estates of the Realm, the Lords Spiritual, the Lords Temporal, and the Commons. Since the Lords Spiritual and Temporal, however, constitute a single branch of the legislature, it is customary to speak of the King, Lords, and Commons, simply. The authority of Parliament is bounded only by the limits of the British Empire. It extends The Sover Parliament. to the colonies and other possessions in all eignty of parts of the world. Ordinarily, of course, Parliament does not legislate directly for the self governing colonies. It exercises only a very general and remote supervision. However, by an Act passed in 1833 Parliament abolished slavery throughout all of the British possessions. In the words of Sir Edward Coke, the power of Parliament "is so transcendent and absolute that it cannot be confined, either for causes or persons, within any bounds." However, it is true that the power of Parliament, like that of all sovereign bodies, is limited by the" willingness of the people to obey, or their power to resist." It is frequently said that the English Parliament is a sovereign body. Since this is a significant and characteristic attribute of Parliament it may be well to inquire what this sovereignty means. "The principle of parliamentary sovereignty means neither more nor less than this, namely, that Parliament thus defined has, under the English Constitution, the right to make or unmake any law whatever; and, further, that no person or body is recognised by the law of England as having a right to override or set aside the legislation of Parliament." In other words, the Parliament of England is not bound down by a written constitution such as obtains in the United States; neither is there any Supreme Court, such as exists here, with power to declare an Act of Parliament null and void. It is not difficult to find examples in English history illustrating the absolute sovereignty of Parliament. The Acts of Union whereby Scotland and Ireland became integral parts of the United Kingdom are good examples of an unbounded parliamentary 1 Dicey's "Law of the Constitution," p. 38. sovereignty; and the Septennial Act of 1716 illustrates the same principle admirably. The duration of Parliament was limited to three years by a statute passed in 1694. Under this Act the Parliament in session in 1716 would have been compelled to dissolve in 1717 at the latest. The King and Cabinet did not wish to order a general election at that time because they feared that the power of the Jacobites might imperil the peace of the nation. Parliament was, consequently, induced to pass the Septennial Act, whereby the duration of Parliament was extended from three to seven years, thus deferring the necessity for a dissolution until 1721. By this simple act the Parliament then in session prolonged its own existence by four years, and did not exceed its legal powers in so doing. Parliament also has, as Coke has pointed out, adjudged minors to be of full age, attainted a dead man of treason, and transformed an alien into a subject born. The list might be greatly enlarged, but perhaps the above examples will be sufficient to show the absolute sway of Parliament. It might be well to remark in passing that Blackstone is not a safe guide upon the subject of the sovereignty of Parliament, since he treats of the theory rather than the practice of the English Constitution. He ascribes to the modern constitutional monarchs all of those powers which the most despotic of the English kings possessed. Such a view as this necessarily precludes the recognition of the sovereignty of Parliament. Parliament is required by statute to meet once in three years, but, as a matter of fact, it is practically Annual obliged to meet annually. Supplies cannot be voted for a longer term than one year. This provision is a relic of the time when the army and navy Meetings. were instruments of oppression, and appropriations for the support of these organisations were limited to one year. For this reason, as well as for the despatch of other urgent business, an annual session of Parliament is essential. The session usually begins in midwinter and lasts until the early part or the middle of August. Privileges of There are certain privileges which appertain to Parliament as a body, and others which apply to the individual members. The House of Commons particularly has always striven zealously to maintain and to defend its privileges. When a Speaker is elected at the opening of a new Parliament, it is customary for that official to claim, in behalf of the House, the "ancient and undoubted rights and privileges" of the Commons. He enumerates freedom from arrest, freedom of speech, access to the person of the King, and a "favourable construction" upon the proceedings of the House. These rights and privileges are confirmed, as a matter of course, by the King or by the Lord Chancellor acting in his stead. Before discussing in detail the privileges of Parliament it may be well to glance at two so-called privileges which are in reality rather matters of courtesy than of privilege. The House of Commons claims and exercises the right of access to the person of the King on certain important occasions. This right is exercised when the House, headed by the Speaker, presents an address or petition to the King. This right appertains to the Commons as a body and not to the individual members, as is the case with the Lords. It is an ancient custom and was formerly significant, but since the introduction of parliamentary government and the reduction of royal authority to its lowest terms, the privilege is not important and is now but rarely exercised. The "favourable construction" of the proceedings of the Commons which is asked for is also a matter of personal courtesy not to be enforced by constitutional methods. This, too, has lost its importance since the introduction of parliamentary government. It might be well to note in this connection that the term "privilege" has a technical meaning. There are certain rights which are peculiar to each House separately, but a "privilege" in the correct technical sense applies to both Houses equally. Each House may defend these privileges, but is not at liberty to create new ones. Each House has the right to commit persons for contempt. This right has been questioned in many historical instances, but is now universally conceded and has been for a long term of years. The right is both necessary and just, and is exercised without question by the Congress of the United States and other legislative assemblies. Each House takes cognisance of a breach of privilege and punishes it in its own way. The House of Lords claims to be a court of record, and punishes the offender by imprisonment for a fixed period or by the imposition of a fine. The House of Commons, on the other hand, does not |