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“no enactment provides authority for the Commons to order by-elections to occur… one of the those truly unwritten constitutional things” blog.benl.co.uk/2019/11/disqua… @tc1415 on House of Commons disqualifications, by-elections, and writs of supersedeas #SitsVac
A by-election writ is ordered by warrant of the Speaker of the House of Commons – the only case in which the Great Seal is used without a royal or ministerial signature archive.org/details/in.ern… h/t Sir Wm Anson & Professor A. Berriedale Keith We can therefore consider…the modes in which authority is given for affixing the Great Seal.<br />
They are four:<br />
A *fiat* of the Chancellor or Attorney-General, or warrant of the Speaker of the House of Commons.<br />
An Order in Council.<br />
A sign manual warrant.<br />
A sign manual preceded by an Order in Council.<br />
…<br />
Writs for by-elections…are issued from the Crown Office on the authority of a warrant from the Speaker…
Though the Lord Chancellor is constitutionally keeper of the Great Seal and said to be responsible for its use, until 1851 a plethora of royal and ministerial forms, countersignatures and lesser seals were required before a typical instrument could be issued under the Great Seal Before 1851 a patent under the authority of a Secretary of State might pass through the following forms:<br />
<span class=1. Warrant, signed by King and countersigned by Secretary of State addressed to Attorney-/Solicitor-General…
2. …Attorney-General’s Bill.
3. Bill signed by the King…
4. …transcript sealed with Signet…
5. …transcript…sealed with Privy Seal…
6. If Lord Chancellor saw no objection, he wrote his name under the grant…" src="/images/1px.png" data-src="https://pbs.twimg.com/media/EL2nDkTW4AQOc1W.png">
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