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Westminster System

17 Pages 4133 Words


kers as well as interpreters of the law. There was no notion of a separation of legislative, executive and judicial powers.

Parliament
In these early times, legislation was enacted by the King, in the name and authority of the King, but with the benefit of advice from his Council. Parliament has its origins in these Councils of advisers. According to Quick and Garran (1901:302),

"From time immemorial the Crown has always been assisted by a consultative or advisory body under the fluctuating names of "The Michel Synoth," or or Great Council; "The Michel Gemot," or Great Meeting; "The Witena Gemot," or Meeting of Wise men. In Latin it was variously styled the Commine Concilium Regni; the Magnum Concilium; and the Curia Regis Magna. Long before the Norman conquest all matters of public importance were debated and settled by the King in the Great Council of the Realm."

With the signing of the Magna Carta (The Great Charter) in 1215, the King was required to consult the Great Council of the Realm so as to prevent unjust taxation; mercantile and trading relationships [clause 14]. The Great Council comprised the greater Barons and was subsequently to become the House of Lords. The Magna Carta also confirmed the practice of summoning community representatives to advise the King. This second group was the forerunner of the House of Commons. At that time their advice was only sought in respect of the financial necessities of the Crown. Unlike the Great Council, the advice of this second group was not sought on other legislation.

Representation to the second group was enhanced during the reign of Henry III following the rebellion of Simon de Montfort. In December 1264 the King issued writs directing sheriffs to return two knights from each shire, two citizens from each city, and two burgesses from each borough. The famous Parliament which met on 20 January 1265 not only considered issues of supply, it also dealt with the business ...

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