Liberty in the modern stateLaski, Harold J. (Harold Joseph)
Science
Liberty in the modern state
Laski, Harold J. (Harold Joseph)
Liberty; Political science
The civil servant is not merely an employee of government; he is also a
citizen. In our own day, especially, delicate questions have arisen as
to the right of the civil servant, or of a person engaged in the armed
forces of the state, to enjoy all the normal political privileges of a
person in private employ. Is a civil servant, for instance, entitled to
enter on a political career with the chance, if it is interrupted, to
return to his department? Most modern states, England, for instance,
Canada, South Africa, regard political activities as beyond the area
within which a civil servant may engage; France, on the other hand,
hardly limits its officials in this way, while Germany expressly allows
its officials to engage in politics, and some fifty civil servants are
now in the Reichstag, with the power to return to their departments if
they are defeated. Certainly there are few rights for which the rank
and file of officials press so strongly as for this; and they regard
the limitation of their political opportunities as an invasion of
civic liberty at once unnecessary and unjustifiable.
I do not think the problem is a simple one; and I think any solution
of it must therefore be complex in character. If a high official of
the Foreign Office in England could be elected to Parliament, spend
a term there in bitter criticism of the Foreign Secretary and then,
on defeat, return to work with the minister whom he had sought to
destroy, the latter’s position would, I think, be intolerable. There
is, that is to say, a class of civil service work the very nature and
associations of which involves exclusion from political life; and if
those engaged therein desire a political career, they must terminate
their connexion with the civil service. We can, of course, draw a line.
I see no reason why all the industrial employees of the government,
postmen, for instance, or shipwrights in a national dockyard, should
not enjoy all ordinary civil rights. I see no reason, either, to
expect any deleterious consequence if civil servants below what we
call in England the executive class are allowed ordinary political
rights, so long as a decent discretion in their exercise is observed.
Those engaged in the making of policy must, in my judgment, accept a
self-denying ordinance in this regard. Unless government can be assured
that its chief officials are aloof from political ties, it cannot trust
them; and all the considerations which create a “spoils system” will
then come into play. Since experience makes it evident that a spoils
system is incompatible with either honest or efficient administration,
a restriction upon the liberty of public officials is, I would argue,
justified. It is an inevitable part of their contract of service from
the point of view of the end that service is intended to secure.
Public-domain text, read in full here on John Shaqi.
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