Note (Back) — Chapter III

The next fundamental thing to be observed is that the extended powers here referred to are exercised, not by the king in person, but by ministers with whose choosing the sovereign has but little to do and over whose acts he has only an incidental and extra-legal control. Underlying the entire constitutional order are two principles whose operation would seem to reduce the sovereign to a sheer nonentity. The first is that the crown shall perform no important governmental act whatsoever save through the agency of the ministers. The second is that these ministers shall be responsible absolutely to Parliament for every public act which they perform. From these principles arises the fiction that "the king can do no wrong," which means legally that the sovereign cannot be adjudged guilty of wrongdoing (and that therefore no proceedings may be instituted against him), and politically that the ministers are responsible, singly in small affairs and conjointly in more weighty ones, for everything that is done in the crown's name. "In a constitutional point of view," writes an English authority, "so universal is the operation of this rule that there is not a moment in the king's life, from his accession to his demise, during which there is not some one responsible to Parliament for his public conduct; and there can be no exercise of the crown's authority for which it must not find some minister willing to make himself responsible."[74] In continental countries the responsibility of ministers is established very commonly by specific and written constitutional provision. In Great Britain it exists by virtue simply of a group of unwritten principles, or conventions, of the constitution; but it is there none the less real. In the conduct of public affairs the ministry must conform to the will of the majority in the House of Commons; otherwise the wheels of government would be blocked. And from this it follows that the crown is obliged to accept, with such grace as may be, the measures which the ministry, working with the parliamentary majority, formulates and for which it stands ready to shoulder responsibility. It is open to the king, of course, to dissuade the ministers from a given course of action. But if they cannot be turned back, and if they have the support of a parliamentary majority, there is nothing that the sovereign can do save acquiesce.