The Royal Disallowance (Classic Reprint)by Charles M. Andrews
The royal disallowance of colonial laws, when considered in all its phases, becomes a subject of far too wide a scope to be dealt with in the brief space at my disposal. I propose, therefore, to limit my discussion to one phase only, that which concerned the authorities at home. The influence of the disallowance in the colonies
Excerpt from The Royal Disallowance
The royal disallowance of colonial laws, when considered in all its phases, becomes a subject of far too wide a scope to be dealt with in the brief space at my disposal. I propose, therefore, to limit my discussion to one phase only, that which concerned the authorities at home. The influence of the disallowance in the colonies themselves is an intricate and difficult question that can be answered satisfactorily only after a thorough study has been made of the history of each individual colony. In what I have to say, I shall treat briefly of the early history of the disallowance, of the procedure accompanying its exercise in England, and of the rules that the British authorities laid down for their own guidance. No adequate attempt has yet been made to define these rules or to study in any systematic way the policy based upon them. One reason for this neglect is, undoubtedly, the belief that British policy was a negligible factor in colonial history and may be ignored by the historian. As I consider this belief to be erroneous, I deem it only a matter of common honesty to find out what this policy was, how far it was applied in dealing with colonial legislation, and to what extent it was justified from the point of view of England's constitutional past and the demands of her imperial and commercial systems. The evidence does not lie on the surface, but must be searched for in parliamentary acts, governor's instructions, and royal disallowances.
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