Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
bill of many clauses does succeed in getting itself discussed in
detail, what can depict the state in which it comes out of committee!
Clauses omitted which are essential to the working of the rest;
incongruous ones inserted to conciliate some private interest, or some
crotchety member who threatens to delay the bill; articles foisted in
on the motion of some sciolist with a mere smattering of the subject,
leading to consequences which the member who introduced or those who
supported the bill did not at the moment foresee, and which need an
amending act in the next session to correct their mischiefs. It is one
of the evils of the present mode of managing these things, that the
explaining and defending of a bill, and of its various provisions, is
scarcely ever performed by the person from whose mind they emanated,
who probably has not a seat in the House. Their defense rests upon
some minister or member of Parliament who did not frame them, who is
dependent on cramming for all his arguments but those which are
perfectly obvious, who does not know the full strength of his case,
nor the best reasons by which to support it, and is wholly incapable
of meeting unforeseen objections. This evil, as far as government
bills are concerned, admits of remedy, and has been remedied in some
representative constitutions, by allowing the government to be
represented in either House by persons in its confidence, having a
right to speak, though not to vote.
If that, as yet considerable, majority of the House of Commons who
never desire to move an amendment or make a speech would no longer
leave the whole regulation of business to those who do; if they would
bethink themselves that better qualifications for legislation exist,
and may be found if sought for, than a fluent tongue, and the faculty
of getting elected by a constituency, it would soon be recognized
that, in legislation as well as administration, the only task to which
a representative assembly can possibly be competent is not that of
doing the work, but of causing it to be done; of determining to whom
or to what sort of people it shall be confided, and giving or
withholding the national sanction to it when performed. Any government
fit for a high state of civilization would have as one of its
fundamental elements a small body, not exceeding in number the members
of a cabinet, who should act as a Commission of Legislation, having
for its appointed office to make the laws. If the laws of this country
were, as surely they will soon be, revised and put into a connected
form, the Commission of Codification by which this is effected should
remain as a permanent institution, to watch over the work, protect it
from deterioration, and make further improvements as often as
required. No one would wish that this body should of itself have any
power of _enacting_ laws; the Commission would only embody the element
of intelligence in their construction; Parliament would represent that
of will.
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