Considerations on Representative GovernmentMill, John Stuart
PhilosophyPhilosophy
Considerations on Representative Government
Mill, John Stuart
Representative government and representation
No measure would become a law until expressly sanctioned by
Parliament; and Parliament, or either house, would have the power not
only of rejecting but of sending back a bill to the commission for
reconsideration or improvement. Either house might also exercise its
initiative by referring any subject to the commission, with directions
to prepare a law. The commission, of course, would have no power of
refusing its instrumentality to any legislation which the country
desired. Instructions, concurred in by both houses, to draw up a bill
which should effect a particular purpose, would be imperative on the
commissioners, unless they preferred to resign their office. Once
framed, however, Parliament should have no power to alter the measure,
but solely to pass or reject it; or, if partially disapproved of,
remit it to the commission for reconsideration. The commissioners
should be appointed by the crown, but should hold their offices for a
time certain, say five years, unless removed on an address from the
two Houses of Parliament, grounded either on personal misconduct (as
in the case of judges), or on refusal to draw up a bill in obedience
to the demands of Parliament. At the expiration of the five years a
member should cease to hold office unless reappointed, in order to
provide a convenient mode of getting rid of those who had not been
found equal to their duties, and of infusing new and younger blood
into the body.
The necessity of some provision corresponding to this was felt even in
the Athenian Democracy, where, in the time of its most complete
ascendancy, the popular Ecclesia could pass psephisms (mostly decrees
on single matters of policy), but laws, so called, could only be made
or altered by a different and less numerous body, renewed annually,
called the Nomothetæ, whose duty it also was to revise the whole of
the laws, and keep them consistent with one another. In the English
Constitution there is great difficulty in introducing any arrangement
which is new both in form and in substance, but comparatively little
repugnance is felt to the attainment of new purposes by an adaptation
of existing forms and traditions. It appears to me that the means
might be devised of enriching the Constitution with this great
improvement through the machinery of the House of Lords. A commission
for preparing bills would in itself be no more an innovation on the
Constitution than the Board for the administration of the Poor Laws,
or the Inclosure Commission. If, in consideration of the great
importance and dignity of the trust, it were made a rule that every
person appointed a member of the Legislative Commission, unless
removed from office on an address from Parliament, should be a peer
for life, it is probable that the same good sense and taste which
leave the judicial functions of the peerage practically to the
exclusive care of the law lords would leave the business of
legislation, except on questions involving political principles and
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