GREAT BRITAIN. 188 GREAT BRITAIN. of Lords before the union ; (3) tvent5'eight Irish l^eers chosen for life by the whole body of Irish peers; (4) two archbishops and twenty-four bishops by virtue of their ollice: and (5) four judicial members, known as Lords of Appeal in Ordinary, api)ointed by the Crown for life. It will thus be seen that the means of recruiting the House of Lords are four in number, viz. : Inheri- tance, election, ecclesiastical office, and royal appointment. There is no limitation upon tlfe power of the Crown to create English liereditary peers, as there is in the case of life peers and of Scotch and Irish peers. The only qualification for membershij) in the Hovise of Lords is male se., citizenshi]), and attainment of the age of twenty-one years, hile bankruptcy and eonvic- (ion of felonious crime disqualify. The members of both Houses are privileged from arrest e.xcept for indictable ofl'enses, the Commons for the period of the session, and forty days before and after, the Lords at all times. They cannot be questioned outside of Parliament for opinions expressed or votes cast in that body ; but the courts have held (Stockdale and Han- sard) that it the Commons have their speeches ]uiblished and circulated they are amenable to the law of libel and slander as private individ- uals are. Members of neither House receive pay for their services, although an occasional constituency undertakes to pay its n:ember a salary, as has recently happened in the case of some of the Irish members. Parliament is required to assemble at least once in three years. As a matter of fact, it usually meets annually, in February, and re- mains in session until the middle of the summer. It is sinnmoned, opened, and prorogued by the Crown, upon the advice of the Prime Minister. It is dissolved either by the legal expiration of the term of the Commons or by order of the Crown, with the advice of the Ministry. As no Parliament has ever lasted through its full term of seven years, dissolution has always resulted from the action of the Crown. Dissolution puts an end to the existence of the House of Com- mons without affecting the Lords, except the Scotch peers who are elected for the term of Parliament, while prorogation terminates the session merely. Formerly, the death of the sov- ereign caused the dissolution of Parliament, but that custom has recently been abolished by statute. Either House may adjourn for short periods of time independently of the other or of. the Crown. The internal organization of Par- liament is left partly to the action of each House. Thus the Commons choose their own Speajcer, although by custom the presiding officer in the House of Lords is the Lord Chancellor, a member of the Ministry. Inasmuch as he may, therefore, be a member of the House of Com- mons, his seat is placed without the limits of the chamber in which the Lords hold their ses- sions. The other officers of Parliament are ap- pointed by the Crown. Over its discipline and rules of procedure each House has full control, and in pursuance thereof may expel a member or punish an outsider for contempt. A quonmi necessary for doing business is fixed at forty in the House of Commons, and three in the House of Lords. Wien we come to discuss the powers of the English Parliament, it is only necessary to say that the Constitution places no legal limi- tations upon its power. It is, therefore, omnipo- tent so far as its legal ])owers are concerned. The sovereignty of Parliament, says Dicey, is its dominant characteristic. Its power, however, is a present une, and cannot bind future Parlia- uu>nts. In the exercise of legishitivc power the Hou.ses of Parliament are, theoretically. C(|ual I'xcept in the initiation of financial measures; but. practically, the House of Lords occupies a subordinate ])osition. since it cannot long refuse its assent to a measure sent it by the Commons unless there is doubt as to the will of the ])eople regarding it. The House of Lords also acts as the highest court of appeal for the United Kingdom. See the article Parliament. The executive power is, nominally at least, in the Crown, which possesses the attributes of irresponsibility, inniiaculateness, and immortali- ty. It is hereditary, according to lineal prirao- genial descent, with preference for males over females among brothers and sisters. The statutes require that the wearer of the crown shall not be a Papist, but shall be a communicant of the Established C'hurch, while custom would seem to require that the ruler shall have attained the age of eighteen before exercising the royal powers. Besides executing the will of Parliament and of the courts, the Crown may do anything which it is not forbidden by Parliament to do. Formerly it had a wide legislative and judicial power, but in the course of the struggle between King and Parliament, most of its powers in these domains h.ave been withdrawn. At the present time the powers of the Crown include the declaration of war; the negotiation of treaties; the appoint- ment and reception of diplomatic officers; the issuance of passports; the command of the army and navy, with a large power over the appoint- ment, promotion, and dismissal of officers, and the promulgation of rules for the government and disposition of the forces ; the appointment of all the civil officers of the Government, and the removal of most of them ; the appointment of the high clerical officers of the Established Church, and full power of control over the ecclesiastical Parliament or Convocation; and the granting of pardons. The power of the Crown in legislation has already been discussed in connection with the subject of Parliament. There might be added to the list the right of the Crown to veto all leg- islative measures passed by the Parliament. This right, however, has not been exercised since 1707, and the adoption of the Cabinet system of responsible government will make fur- ther resort to it by the Crown unnecessary. !Most of the powers enumerated above have not been expressly conferred on the Crown by statute, but constitute what may be called its residuary powers. As already stated, the position of the Crown is one of irresponsibility. It therefore exercises its powers through a responsible ^Ministry selected from among the members of Parliament, and be- longing to the political party which has a ma- jority in the House of Commons. They are at the same time the heads of the executive de- partments and members of the Privy Council. When a Cabinet is to be formed, the King sends for the acknowledged leader of the majority party in the House of Commons, asks him to accept the Premiership, and intrusts him with the selection of his colleagues. If the leader so recognized thinks his party will support him, he at once undertakes the formation of the Cabi-
