By Janet McLean

Janet McLean explores how the typical legislation has personified the country and the way these personifications impact and mirror the state's courting to paperwork, sovereignty and civil society, the advance of public legislations norms, the growth and contraction of the general public sphere with nationalization and privatization, kingdom accountability and human rights. Treating felony suggestion as various political proposal, she discusses writers similar to Austin, Maitland, Dicey, Laski, Robson, Hart, Griffith, Mitchell and Hayek within the context of either felony doctrine and broader highbrow pursuits.

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Prest, Liberty and Locality: Parliament, Permissive Legislation and Ratepayers’ Democracies in the Nineteenth Century (Oxford: Clarendon Press, 1990), p. 14. Embellishing on Prest ibid. p. 3. C. E. Trevelyan, ‘Collected Papers Relating to the Reorganisation of the Civil Service 1854–5’ Parliamentary Papers Vol. XX 1, p. 413. Patronage was a very potent source of influence, if not accountability. Chester, The English Administrative System, above n. 11, p. 16. 18 Wilful breach of office could lead to an action for its forfeiture, and failures to act could attract writs of mandamus19 or quo warranto.

These were to have ‘like force as if contained in an Act’ so long as they applied to ‘all companies alike’. MacDonagh, Early Victorian Government 1830–1870, above n. 7, pp. 8–9. centralizing moves 37 the UK Parliament. It is likely that in this instance the UK’s colonial experience informed its domestic constitutional law. 62 In it he urged acceptance of the principle of responsible government for the colony: that is that the administrative as well as the legislative function ought to be entrusted to Ministers who maintain a majority in the Parliament – and that the administrative function ought not to reside in the hands of the Governor acting in accordance with his instructions from the UK.

The Board of Trade’s full title was the Lords of the Committee of the Privy Council Appointed for Consideration of Matters relating to Trade and Foreign Plantations (created by order in council 23 August 1786). The Vice President of the Board of Trade held a junior Ministerial position. Gladstone was the President for a time while a Minister in Peel’s government. The Privy Council had about 250 members and did not really meet. The Board of Trade had a number of departments – and performed a lot of real work including in relation to railways.

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Searching for the State in British Legal Thought: Competing by Janet McLean
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