PROCLAMATION. In English law, a royal proclamation is a formal announcement, made under the great seal, of some mat ter which the king in council desires to make known to his sub jects; e.g. the declaration of war, the statement of neutrality, the conclusion of peace, the annexation of territory, the summon ing or dissolution of parliament, or the bringing into operation of the provisions of some statute the enforcement of which the legis lature has left to the discretion of the king in council. Royal proclamations of this character, made in furtherance of the execu tive power of the Crown, are binding on the subject "where they do not either contradict the old laws or tend to establish new ones" (Dicey, Law of the Constitution, 6th ed., 51). The Crown has often legislated by proclamation; and the Statute of Procla mations 1539 provided that proclamations made with the as sent of the council should have the force of statute law, if they were not prejudicial to "any person's inheritance, offices, liber ties, goods, chattels or life." But this enactment was repealed by an act of 1547; and it is well settled that the Crown cannot by proclamation make or remake any law unless the proclamation is issued under statutory authority. (Ex parte Chavasse, 1865, I De
G. J. & S. 622; Grieve v. Edinburgh, etc., 1918, S. C. [Scotland] 700; see also EMERGENCY LEGISLATION ; MARTIAL LAW.) The Crown has power to legislate by proclamation for a newly con quered country (Jenkyns, British Rule and Jurisdiction beyond the Seas, pp. 95) ; and this power was freely exercised in the Transvaal Colony during the Boer War of 1899-1902. In the British colonies, ordinances are frequently brought into force by proclamation; certain imperial Acts do not take effect in a colony until there proclaimed (e.g. the Foreign Enlistment Act 1870) ; and proclamations are constantly issued in furtherance of execu tive acts. In many British protectorates the high commissioner or administrator is empowered to legislate by proclamation. Procla mations cannot be issued by private persons unless under cus tomary or other valid authority, e.g. a proclamation by members of the Privy Council of the accession of a new sovereign.
(A. W. R.)