THE FORUM
| DOI | http://doi.org/10.1111/j.1467-9299.1924.tb02169.x |
| Date | 01 March 1924 |
| Published date | 01 March 1924 |
The
Form
r
THE
FORUM
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CONSTITUTIONAL
EVOLUTION
OF
THE
Crvr~ SERVICE
NUMBER of very interesting questions were raised during the
A
discussion on Viscount Haldane's inaugural address to the
Institute for the present year. These included-
Royal
Prerogative
and
the
Civil Service.
Sir Stanley Leathes empha-
sized the importance of the Royal Prerogative, pointing out that the
Civil Service
was
controlled by it
as
expressed
in
Orders in Council.
The other element of control
was
exercised by Parliament through
it3
control of the purse.
Mr.
G.
H. Stuart-Bunning underlined the point about the importance
of the prerogative, and referred to cases where,
if
Civil Servants had
been
in
the employ
of
anyone else but the Crown,
claims
could be tried
in a court of
law,
but under the Prerogative
this
cannot be done.
Public Opinion,
Facts,
and
Firsf
Principles.
Sir Stanley Leathes
spoke highly
of
public opinion which on emergency acted by
an
effort
of the subconscious mind, and on many other occasions saved effort
by accepting the guidance of tradition and custom.
Mr.
Macrae-Gibson
found
it
difficult
to say what public opinion
was
on
any given subject,
even where that subject was
of
major importance. The daily press
was
misleading,
as
it was propagandist rather than interpretative.
A
visitor, Mr. B.
C.
Adams, thought the business of the Civil Service was
to base its advize to Ministers on facts, and
to
assist public opinion by
making
those facts more widely
known.
This view was strongly supported
by
Sir
Henry
N.
Bunbury, who described the British public
as
a truth-
loving people. Sir John Anderson (the chairman)
also
supported
this
attitude, and pointed out
that
sometimes public opinion could achieve
results by itself without the intervention of the powers of Government.
Where such appeared to be probable the Government should hold its
hand. Frequently
in
giving
advice
it
is
necessary to
go
back to first
principles. When such occasions arise care must be taken to see that the
right
first
principle
is
referred to.
This
is
not
easy.
Even the principle
mentioned by Viscount Haldane-Sdus
Populi Suprema
Lex
(the safety
of the public is the supreme law)-had proved misleading on
at
least one
113
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