Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
The safety-valve is the peculiar provision of the Constitution, of
which I spoke at great length in my essay on the House of Lords. The
head of the executive can overcome the resistance of the second chamber
by choosing new members of that chamber; if he do not find a majority,
he can make a majority. This is a safety-valve of the truest kind. It
enables the popular will--the will of which the executive is the
exponent, the will of which it is the appointee--to carry out within
the Constitution desires and conceptions which one branch of the
Constitution dislikes and resists. It lets forth a dangerous
accumulation of inhibited power, which might sweep this Constitution
before it, as like accumulations have often swept away like
Constitutions.
The regulator, as I venture to call it, of our single sovereignty is
the power of dissolving the otherwise sovereign chamber confided to the
chief executive. The defects of the popular branch of a legislature as
a sovereign have been expounded at length in a previous essay. Briefly,
they may be summed up in three accusations.
First. Caprice is the commonest and most formidable vice of a choosing
chamber. Wherever in our colonies Parliamentary government is
unsuccessful, or is alleged to be unsuccessful, this is the vice which
first impairs it. The assembly cannot be induced to maintain any
administration; it shifts its selection now from one Minister to
another Minister, and in consequence there is no government at all.
Secondly. The very remedy for such caprice entails another evil. The
only mode by which a cohesive majority and a lasting administration can
be upheld in a Parliamentary government, is party organisation; but
that organisation itself tends to aggravate party violence and party
animosity. It is, in substance, subjecting the whole nation to the rule
of a section of the nation, selected because of its speciality.
Parliamentary government is, in its essence, a sectarian government,
and is possible only when sects are cohesive.
Thirdly. A Parliament, like every other sort of sovereign, has peculiar
feelings, peculiar prejudices, peculiar interests; and it may pursue
these in opposition to the desires, and even in opposition to the
well-being of the nation. It has its selfishness as well as its caprice
and its parties.
The mode in which the regulating wheel of our Constitution produces its
effect is plain. It does not impair the authority of Parliament as a
species, but it impairs the power of the individual Parliament. It
enables a particular person outside Parliament to say, "You Members of
Parliament are not doing your duty. You are gratifying caprice at the
cost of the nation. You are indulging party spirit at the cost of the
nation. You are helping yourself at the cost of the nation. I will see
whether the nation approves what you are doing or not; I will appeal
from Parliament No. 1 to Parliament No. 2."
Public-domain text, read in full here on John Shaqi.
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