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The Constitutional History of England from 1760 to 1860 by Charles Duke Yonge
page 46 of 556 (08%)
the monarch's dignity and importance is a complete mistake. Here we have
no law of ministerial responsibility, for the simple reason that we have
no written constitution; but this responsibility flows as a logical
necessity from the dignity of the crown and of the sovereign. 'The King
can do no wrong,' says the legal axiom, and hence it follows that
somebody must be responsible for his measures, if these be contrary to
law or injurious to the country's welfare. Ministers here are not
responsible _quâ_ ministers, that is, _quâ_ officials (as such they are
responsible to the crown), but they are responsible to Parliament and
the people, or the country, as 'advisers of the crown.' Any one of them
may advise the crown, and whoever does so is responsible to the country
for the advice he has given. The so-called accountability of ministers
to Parliament does not arise out of an abstract principle of
responsibility, but out of the practical necessity which they are under
of obtaining the consent of Parliament to legislation and the voting of
taxes, and, as an essential to this end, of securing its confidence. In
practice, ministers are liable to account for the way and manner in
which they have administered the laws which they, conjointly with the
Parliament, have made, and for the way they have expended the moneys
that have been voted for definite objects. They are bound to furnish
explanations, to justify their proceedings, to satisfy reasonable
scruples, and the answer, 'We have, as dutiful subjects, obeyed the
sovereign,' will not be accepted. 'Have you acted upon conviction, or
have you not?' is the question. 'If you have not, then you are civil
servants of the crown, who counsel and do what you consider wrong or
unjust, with a view to retain your snug places or to win the favor of
the sovereign.' And this being so, Parliament withdraws its confidence
from them. Herein, too, lies that ministerial power of which sovereigns
are so much afraid. They can say, 'We will not do this or that which the
sovereign wishes, because we cannot be responsible for it.' But why
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