Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
Whatever, too, may be the case hereafter, when a better system has been
struck out, at present the House does all the work of legislation, all
the detail, and all the clauses itself. One of the most helpless
exhibitions of helpless ingenuity and wasted mind is a committee of the
whole House on a bill of many clauses which eager enemies are trying to
spoil, and various friends are trying to mend. An Act of Parliament is
at least as complex as a marriage settlement; and it is made much as a
settlement would be if it were left to the vote and settled by the
major part of persons concerned, including the unborn children. There
is an advocate for every interest, and every interest clamours for
every advantage. The executive Government by means of its disciplined
forces, and the few invaluable members who sit and think, preserves
some sort of unity. But the result is very imperfect. The best test of
a machine is the work it turns out. Let any one who knows what legal
documents ought to be, read first a will he has just been making and
then an Act of Parliament; he will certainly say, "I would have
dismissed my attorney if he had done my business as the legislature has
done the nation's business". While the House of Commons is what it is,
a good revising, regulating and retarding House would be a benefit of
great magnitude.
But is the House of Lords such a chamber? Does it do this work? This is
almost an undiscussed question. The House of Lords, for thirty years at
least, has been in popular discussion an accepted matter. Popular
passion has not crossed the path, and no vivid imagination has been
excited to clear the matter up.
The House of Lords has the greatest merit which such a chamber can
have; it is POSSIBLE. It is incredibly difficult to get a revising
assembly, because it is difficult to find a class of respected
revisers. A federal senate, a second House, which represents State
unity, has this advantage; it embodies a feeling at the root of
society--a feeling which is older than complicated politics, which is
stronger a thousand times over than common political feelings--the
local feeling. "My shirt," said the Swiss state-right patriot, "is
dearer to me than my coat." Every State in the American Union would
feel that disrespect to the Senate was disrespect to itself.
Accordingly, the Senate is respected; whatever may be the merits or
demerits of its action, it can act; it is real, independent, and
efficient. But in common Governments it is fatally difficult to make an
UNpopular entity powerful in a popular Government.
Public-domain text, read in full here on John Shaqi.
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