Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
Other reasons make it desirable that some power in the state (which
can only be the executive) should have the liberty of at any time, and
at discretion, calling a new Parliament. When there is a real doubt
which of two contending parties has the strongest following, it is
important that there should exist a constitutional means of
immediately testing the point and setting it at rest. No other
political topic has a chance of being properly attended to while this
is undecided; and such an interval is mostly an interregnum for
purposes of legislative or administrative improvement, neither party
having sufficient confidence in its strength to attempt things likely
to provoke opposition in any quarter that has either direct or
indirect influence in the pending struggle.
I have not taken account of the case in which the vast power
centralized in the chief magistrate, and the insufficient attachment
of the mass of the people to free institutions, give him a chance of
success in an attempt to subvert the Constitution, and usurp sovereign
power. Where such peril exists, no first magistrate is admissible whom
the Parliament can not, by a single vote, reduce to a private station.
In a state of things holding out any encouragement to that most
audacious and profligate of all breaches of trust, even this
entireness of constitutional dependence is but a weak protection.
Of all officers of government, those in whose appointment any
participation of popular suffrage is the most objectionable are
judicial officers. While there are no functionaries whose special and
professional qualifications the popular judgment is less fitted to
estimate, there are none in whose case absolute impartiality, and
freedom from connection with politicians or sections of politicians,
are of any thing like equal importance. Some thinkers, among others
Mr. Bentham, have been of opinion that, although it is better that
judges should not be appointed by popular election, the people of
their district ought to have the power, after sufficient experience,
of removing them from their trust. It can not be denied that the
irremovability of any public officer to whom great interests are
intrusted is in itself an evil. It is far from desirable that there
should be no means of getting rid of a bad or incompetent judge,
unless for such misconduct as he can be made to answer for in a
criminal court, and that a functionary on whom so much depends should
have the feeling of being free from responsibility except to opinion
and his own conscience. The question however is, whether,
in the peculiar position of a judge, and supposing that all
practicable securities have been taken for an honest appointment,
irresponsibility, except to his own and the public conscience, has
not, on the whole, less tendency to pervert his conduct than
responsibility to the government or to a popular vote. Experience has
long decided this point in the affirmative as regards responsibility
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