Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
When we cease to look at the House of Lords under its dignified aspect,
and come to regard it under its strictly useful aspect, we find the
literary theory of the English Constitution wholly wrong, as usual.
This theory says that the House of Lords is a co-ordinate estate of the
realm, of equal rank with the House of Commons; that it is the
aristocratic branch, just as the Commons is the popular branch; and
that by the principle of our Constitution the aristocratic branch has
equal authority with the popular branch. So utterly false is this
doctrine that it is a remarkable peculiarity, a capital excellence of
the British Constitution, that it contains a sort of Upper House, which
is not of equal authority to the Lower House, yet still has some
authority. The evil of two co-equal Houses of distinct natures is
obvious. Each House can stop all legislation, and yet some legislation
may be necessary. At this moment we have the best instance of this
which could be conceived. The Upper House of our Victorian
Constitution, representing the rich wool-growers, has disagreed with
the Lower Assembly, and most business is suspended. But for a most
curious stratagem, the machine of Government would stand still. Most
Constitutions have committed this blunder. The two most remarkable
Republican institutions in the world commit it. In both the American
and the Swiss Constitutions the Upper House has as much authority as
the second: it could produce the maximum of impediment--the dead-lock,
if it liked; if it does not do so, it is owing not to the goodness of
the legal constitution, but to the discreetness of the members of the
Chamber. In both these Constitutions, this dangerous division is
defended by a peculiar doctrine with which I have nothing to do now. It
is said that there must be in a Federal Government some institution,
some authority, some body possessing a veto in which the separate
States composing the Confederation are all equal. I confess this
doctrine has to me no self-evidence, and it is assumed, but not proved.
The State of Delaware is NOT equal in power or influence to the State
of New York, and you cannot make it so by giving it an equal veto in an
Upper Chamber. The history of such an institution is indeed most
natural. A little State will like, and must like, to see some token,
some memorial mark of its old independence preserved in the
Constitution by which that independence is extinguished. But it is one
thing for an institution to be natural, and another for it to be
expedient. If indeed it be that a Federal Government compels the
erection of an Upper Chamber of conclusive and co-ordinate authority,
it is one more in addition to the many other inherent defects of that
kind of Government. It may be necessary to have the blemish, but it is
a blemish just as much.
Public-domain text, read in full here on John Shaqi.
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