In Europe this source of legislation is even important, mportant, for there the ordinance power of the executive is much larger. In England what are known as the °statutory rules and orders in council° constitute a very extensive and important body of subsidiary legislation; they are published with the acts of Parliament and not infrequently constitute the larger bulk of legislation found within the covers of the volume of law enacted annually for the gov ernment of the English people. They consist of orders issued by the Crown in Council either in pursuance of the royal prerogative — a more or less undefined realm of power which the Crown inherited from early times and of which it has never been deprived by Parlia ment — or in pursuance of authority, expressly delegated to the Crown or the ministers by act of Parliament. Some of these orders are issued for the purpose of supplementing the statutes, which in England are usually brief and embody in outline only the general will of Parliament; others regulate matters with which Parliament has not dealt at all, but the regu lation of which has been delegated to the Crown or the minister.
On the continent- of Europe legislation of this character is even more extensive. There the power of the executive to issue ordinances (reglements, Verordnungen) and regulations (arretes) is very large. There even more than in England acts of the legislature rarely descend into details in laying down rules of conduct or in prescribing the mode of executing the law. Usually the will of the legislature is declared only in general terms and a large discretionary power is left to the officer charged with the execution of the law. The power to elaborate the statute and supply the details so as to make it enforceable is then left to the executive through the exercise of the pouvoir reglemen taire. There also much more than in the United States a large independent power of legislation in respect to matters not dealt with by the legislature is delegated by Parliament to the executive. Thus in France the power to legislate for the colonial possessions in so far as the Parliament itself has not legislated on colonial matters is exercised by the President of the republic. .
Regarding the procedure and methods of legislation by legislative bodies a few obser vations may be made.
It is a general though not an absolutely universal constitutional rule that revenue bills may originate only in the more popular of the two chambers. The rule originated at a time when upper chambers were generally appointed or were largely hereditary bodies and it was, therefore, considered improper to permit them, being irresponsible as they were to the people, to initiate measures for laying taxes. Although in many countries the upper chamber is now a popularly elected body, the old restriction on its power to initiate money bills still survives in spite of the fact that it no longer has any raison d'être. In a number of countries, nota bly France and the United States, the exact meaning of the restriction has often been a source of controversy between the two cham bers. In t.ountne., like the United States, where the so-called presidential system of gov ernment prevails, legislative measures may be initiated only by members of one or the other chamber; on the contrary, in those countries where the cabinet or parliamentary system is found, it is the right of the ministry as well as of any member to introduce bills and in practice most important measures are pre pared and introduced by the ministry. They are, known as 4 bills in contradistinction to "private" 3r those introduced by members who do no ielong to the ministry. Their passage is ad—cated by the ministry and the refusal of the legislature to pass them may and generally does cause the ministry to resign. (See CABINET GOVERN MENT). Indeed, in England, Parliament has to a large degree abdicated its legislative power in favor of the Cabinet. In practice it chooses from its members a small body of leaders to whom it accords the power to frame legislative measures, reserving to itself only the right of control.
In the United States and England a distinc tion is made between bills and resolutions. A bill embodies the will of the legislature on matters of a more permanent and funda mental character, while a resolution embodies the legislative will on matters of a temporary or subsidiary character. In Congress and some
of the State legislatures a distinction is also made between joint and concurrent resolutions, the latter of which expressing the views of the legislature only do not require the approval of the executive. In Congress and in many of the State legislatures joint resolutions like bills must be submitted to the executive for his approval or disapproval.
In England and the United States an import ant distinction is that between public and pri vate or local bills. A private bill, unlike a public bill, instead of dealing with matters of public interest and affecting generally all per sons within the State or all persons within a particular class as defined according to some essential characteristic, affects only a particular person or locality. Such are bills for the in corporation of a city or a public service com pany, for changing the name of an individual, for legitimizing an illegitimate child, for the settlement of a private claim and the like. It is characteristic of such bills that they are generally designed to confer a benefit, a privi lege or an exemption upon some person, com pany or place. In the English Parliament a special procedure has been provided for deal ing with such bills. They may be brought be fore Parliament only by petition and only after public notice has been given by advertisement in the community to be affected by the bill if it becomes a law. Fees are also required of the parties promoting or opposing such bills. After being reported on by two examiners of petitions they are considered by a special com mittee on private bills which after hearing evidence for and against them makes a recom mendation to the House. In the United States generally the procedure in respect to private hills does not differ in essential particulars from that in regard to public bills. In a few States, however, there is a different procedure. Thus in Massachusetts private or local bills may be proposed only by petition and due notice must be given to all the parties concerned. In some States prior notice of an intention to apply for a special act must be published in the community where the person or thing affected is found. In New York local and private bills providing for an appropriation of money require a vote of two-thirds of the members of the legislature for their enactment while bills affecting a single city must after passage by the legislature be submitted to the mayor thereof for his approval. Legislative bodies usually have the power to provide for their own organization and to frame their own rules of procedure. By the Constitution of the United States, however, the Vice-President is made the presiding officer of the Senate and by most of the State constitutions the lieutenant governor is made the presiding officer of the State senate. The State constitutions likewise impose certain restrictions on the legislature in respect to its procedure. Thus both houses are required to keep and publish a journal of their daily proceedings; generally it is provided that np law shall be passed except by bill ; that no bill shall embrace more than. one subject which shall be clearly expressed in the title; that every bill shall be read at least three times before being passed; that no law shall be amended by mere reference to its title, but the amended portion must be set out in full; that the yeas and nays of members voting shall be recorded upon the demand of a certain number of mem bers; that every bill shall be referred to a com mittee for examination and report; and that all bills shall be printed and placed on the desks of members, etc. Subject to these and some times other similar constitutional requirements the legislature is free to adopt such rules of procedure as it may choose. See also CABINET GOVERNMENT; CONSTITUTION; EXECUTIVE; LAW; LEGISLATURE.
Bibliography.—Alexander, 'The Proce dure of the House of Representatives' (New York 1916) ; Bryce, 'The American Common wealth' (New York 1910) ; Clifford, 'History of Private Bill Legislation' (London 1885); Cushing, 'Law and Practice of Legislative As semblies' (New York 1907) ; Jones, Law Making' (Boston 1912); Ilbert, (Legis lative Methods and Forms' (Oxford 1901) ; Reinsch, Paul, 'American Legislatures and Legislative Methods' (New York 1903).