Parliament

act, sovereign, law, house, government, ireland, irish, commons, lords and power

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By the act of union with Ireland in 1800 (Act 39 and 40. Geo. III. c. 67), the Irish parliament was united with that of Great Britain as the parliament of the United King dom of Great Britain and Ireland. The parliament of Ireland had been originally formed on the model of that of England about the close of the 13th c., but it was 'Imlay the very small portion of Ireland occupied by the English settlers that was represented. which, as late as the time of Henry VII., hardly extended beyond the counties of Dublin, Louth, Kildare, and Meath, and constituted what was called the Pale. It was only for the last few years of its existence that the Irish parliament was a supreme legislature; the English parliament having down to 1783, had power to legislate for Ireland. By one of the •ovisions of Poyning's Act, passed in 1495, no legislative pro posals could be made to the Irish parliament until they had received the sanction of the king and council in England. Act 23 Geo. III. c. 28 gave the Irish parliament exclusive legislate for Ireland, and the abuse of this power so obstructed the machinery of government, as to render the union of 1800 matter of necessity.

The power of parliament is according to sir Edward Coke, so transcendent and absolute, that it cannot be confined either for persons or causes within any bounds. All remedies which transcend the ordinary courts of law are within its reach It can alter the succession to the throne, the constitution of the kingdom, and the constitution of parliament itself. It has its own law, to be learned from the rolls and records of parlia ment, and by precedents and experience. One of the most thoroughly established max ims cf this law is, that whatever question arises concerning either house of parliament ought to be discussed and adjudged there, and not elsewhere. The house of lords will not allow the commons to interfere in a question regarding an election of a Scotch or Irish peer; the commons will not allow the lords to judge of the validity of the election of a member of their house, nor will either house permit courts of law to examine such eases. The authority of parliament extends to British colonies and foreign possessions.

the ordinary course of government, however, parliament does not make laws for the colonies. For some the queen in council legislates; others have legislatures of their own. which propound laws for their internal government, subject-to the approbation of the queen in council; but these may he repealed and amended by parliament.

The constitment parts of parliament are the sovereign, the house of lords, and the house of commons. In the sovereign is vested the whole executive power; the crown is also the fountain of justice, from whence the whole judicial authority flows. To the crown is intrusted the permanent duty of government, to he fulfilled in accordance 1', itlu the law of the realm, and by the advice of ministers responsible to parliament. The sovereign is also invested with the character of the representation of the majesty of the state. The sovereign's share in the legislature includes the summoning, proroguing, and

dissolving of parliament. Parliament can only assemble by act of the sovereign; in but two instances have the lords and commons met of their own authority—viz., previously to the restoration of Charles IL, and at the convention parliament summoned at the revolution of 1688; and in both instances it was considered necessary afterward to pass an act declaring the parliament to he a legal one. Though the queen may detemine the period for assembling parliament, her prerogative Is restrained within certain limits. She is bound by statute (16 Chas. II. c. 1; and 6 and 7 Will. and Mary e. 2) to issue writs within three years after the determination of a parliament; and the practice of voting money for the public service by annual enactments, renders it compulsory for the sovereign to meet parliament every year. Act 43.Geo. III. c.90 provides that the sovereign shall assemble parliament within fourteen days, whenever the militia shall he drawn out and embodied in case of apprehended invasion and rebellion; and a similar proviso is inserted in Act 15 and 16 Viet. c. 50, in case the present militia force should be raised to 120,000 men, and embodied. The royal assent is necessary before any measure can pass into law. The crown, as the executive power, is charged with the management of the revenues of the state, and with all payments for the public service; it is therefore the crown that makes known to the commons the pecuniary necessities of the government, without winch no supplies can be granted. The sovereign's prerogative also includesthe sending and receiving of ambassadors, entering into treaty with foreign powers, and declaring war or peace. All the kings and queens since the revolution have taken an oath at their coronation "to govern according to the statutes iu parliament agreed on, and the laws and customs of the same." The sovereign is further bound to an adherence to the Protestant faith, and the maintenance of the Protestant religion as established by law. By the bill of rights (1 Will. and Mary c. 2, s. 6), and the Act of Settlement (12 and 13 Will. III. c. 2, s. 2) a person professing the popish religion, or marrying a papist, is incapable of inheriting the crown, and the people are absolved from their allegiance. This exclusion is further confirmed by the act of union with Scotland; and in addition to the coronation oath, every king or queen is required to take the declar ation against the doctrines of the Roman Catholic church prescribed by 30 Chas. H. c. 2, either on the throne in the house of lords in the presence of both houses, at the first meeting of the first parliament after the accession, or at the coronation whichever event shall first happen. The sovereign is bound by similar sanctions to maintain the Prot estant religion and Presbyterian church government in Scotland.

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