Synopses & Reviews
Purchase of this book includes free trial access to www.million-books.com where you can read more than a million books for free. This is an OCR edition with typos. Excerpt from book: (2) Dispensing and Suspending Powers. The question as to the Dispensing and Suspending Powers is no less than that of the correctness of the position which was affirmed by Chief Justice Herbert, judicially, in the reign of James II., that the laws are the king's own laws; implying that every one, not excepting a king, may do what he wills with his own. A similar position was maintained in the reign of Charles II. by Attorney-General Finch (afterwards Lord Nottingham), that the King may dispense with laws in order to the preservation of the kingdom, which, Lord Campbell says, is an equivalent expression to all laws which the king or his ministers may think disagreeable to themselves. The Declaration of Rights contains the following enunciations, viz.: That the pretended power of suspending laws, and the execution of laws, by regal authority, without consent ofParliament, is illegal. And, That the pretended power of dispensing with laws by regal authority, as it hath beqn assumed and exercised of late, is illegal. But, in the Bill of Rights, a clause is inserted declaring and enacting that, from and after this present Session of Parliament, no dispensation by non ob- stante of or to any statute, or any part thereof, shall be allowed; but that the same shall be held void and of no effect, except a dispensation be allowed of in such statute, and except in such cases as shall be specially provided for by one or more Bill or Bills to be passed (which were never passed) during this present Session of Parliament. The Dispensing Power consisted in the exemption of particular persons, under special circumstances, from the operation of penal law: the Suspending Power in nullifying the entire operation of any statute, or any number of statutes. The one power may be the mor...
Synopsis
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