Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
to the executive, and the case is quite equally strong when the
responsibility sought to be enforced is to the suffrages of electors.
Among the good qualities of a popular constituency, those peculiarly
incumbent upon a judge, calmness and impartiality, are not numbered.
Happily, in that intervention of popular suffrage which is essential
to freedom they are not the qualities required. Even the quality of
justice, though necessary to all human beings, and therefore to all
electors, is not the inducement which decides any popular election.
Justice and impartiality are as little wanted for electing a member of
Parliament as they can be in any transaction of men. The electors have
not to award something which either candidate has a right to, nor to
pass judgment on the general merits of the competitors, but to declare
which of them has most of their personal confidence, or best
represents their political convictions. A judge is bound to treat his
political friend, or the person best known to him, exactly as he
treats other people; but it would be a breach of duty, as well as an
absurdity, if an elector did so. No argument can be grounded on the
beneficial effect produced on judges, as on all other functionaries,
by the moral jurisdiction of opinion; for even in this respect, that
which really exercises a useful control over the proceedings of a
judge, when fit for the judicial office, is not (except sometimes in
political cases) the opinion of the community generally, but that of
the only public by whom his conduct or qualifications can be duly
estimated, the bar of his own court. I must not be understood to say
that the participation of the general public in the administration of
justice is of no importance; it is of the greatest; but in what
manner? By the actual discharge of a part of the judicial office in
the capacity of jurymen. This is one of the few cases in politics in
which it is better that the people should act directly and personally
than through their representatives, being almost the only case in
which the errors that a person exercising authority may commit can be
better borne than the consequences of making him responsible for them.
If a judge could be removed from office by a popular vote, whoever was
desirous of supplanting him would make capital for that purpose out of
all his judicial decisions; would carry all of them, as far as he
found practicable, by irregular appeal before a public opinion wholly
incompetent, for want of having heard the case, or from having heard
it without either the precautions or the impartiality belonging to a
judicial hearing; would play upon popular passion and prejudice where
they existed, and take pains to arouse them where they did not. And in
this, if the case were interesting, and he took sufficient trouble, he
would infallibly be successful, unless the judge or his friends
descended into the arena, and made equally powerful appeals on the
other side.
Public-domain text, read in full here on John Shaqi.
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