Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
The next defect is even more serious: it affects not simply the
apparent work of the House of Lords but the real work. For a revising
legislature, it is too uniformly made up. Errors are of various kinds;
but the constitution of the House of Lords only guards against a single
error--that of too quick change. The Lords--leaving out a few lawyers
and a few outcasts--are all landowners of more or less wealth. They all
have more or less the opinions, the merits, the faults of that one
class. They revise legislation, as far as they do revise it,
exclusively according to the supposed interests, the predominant
feelings, the inherited opinions, of that class. Since the Reform Act,
this uniformity of tendency has been very evident. The Lords have
felt--it would be harsh to say hostile, but still dubious, as to the
new legislation. There was a spirit in it alien to their spirit, and
which when they could they have tried to cast out. That spirit is what
has been termed the "modern spirit". It is not easy to concentrate its
essence in a phrase; it lives in our life, animates our actions,
suggests our thoughts. We all know what it means, though it would take
an essay to limit it and define it. To this the Lords object; wherever
it is concerned, they are not impartial revisers, but biassed revisers.
This singleness of composition would be no fault; it would be, or might
be, even a merit, if the criticism of the House of Lords, though a
suspicious criticism, were yet a criticism of great understanding. The
characteristic legislation of every age must have characteristic
defects; it is the outcome of a character, of necessity faulty and
limited. It must mistake some kind of things; it must overlook some
other. If we could get hold of a complemental critic, a critic who saw
what the age did not see, and who saw rightly what the age mistook, we
should have a critic of inestimable value. But is the House of Lords
that critic? Can it be said that its unfriendliness to the legislation
of the age is founded on a perception of what the age does not see, and
a rectified perception of what the age does see? The most extreme
partisan, the most warm admirer of the Lords, if of fair and tempered
mind, cannot say so. The evidence is too strong. On free trade, for
example, no one can doubt that the Lords--in opinion, in what they
wished to do, and would have done, if they had acted on their own
minds--were utterly wrong. This is the clearest test of the "modern
spirit". It is easier here to be sure it is right than elsewhere.
Commerce is like war; its result is patent. Do you make money or do you
not make it? There is as little appeal from figures as from battle. Now
no one can doubt that England is a great deal better off because of
free trade; that it has more money, and that its money is diffused more
as we should wish it diffused. In the one case in which we can
unanswerably test the modern spirit, it was right, and the dubious
Public-domain text, read in full here on John Shaqi.
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