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The Governments of Europe

Note (Back) — Chapter VI

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145. Provisional Orders.—Two things are, however, to be noted. The first one is that while in theory the distinction between a public and a private bill is clear, in point of fact there is no little difficulty in drawing a line of demarcation, and the result has been the recognition of an indefinite class of "hybrid" bills, partly public and partly private in content and handled under some circumstances as the one and under others as the other, or even under a procedure combining features of both. The second fact to be observed is that, in part to reduce expense and in part to procure the good-will of the executive department concerned, it has become common for the promoters of enterprises requiring parliamentary sanction to make use of the device known as provisional orders. A provisional order is an order issued, after minute investigation, by a government department authorizing provisionally the undertaking of a project in behalf of which application has been made. It requires eventually the sanction of Parliament, but such orders are laid before the houses in groups by the several departments and their ratification is virtually assured in advance. It is pointed out by Lowell that during the years 1898-1901 not one-tenth of the provisional orders laid before Parliament were opposed, and but one failed of adoption.[203]

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