Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
Because there are two checks--one ancient and coarse, the other modern
and delicate. The first is the check of impeachment. Any Minister who
advised the Queen so to use her prerogative as to endanger the safety
of the realm, might be impeached for high treason, and would be so.
Such a Minister would, in our technical law, be said to have levied, or
aided to levy, "war against the Queen". This counsel to her so to use
her prerogative would by the Judge be declared to be an act of violence
against herself, and in that peculiar but effectual way the offender
could be condemned and executed. Against all gross excesses of the
prerogative this is a sufficient protection. But it would be no
protection against minor mistakes; any error of judgment committed bona
fide, and only entailing consequences which one person might say were
good, and another say were bad, could not be so punished. It would be
possible to impeach any Minister who disbanded the Queen's army, and it
would be done for certain. But suppose a Minister were to reduce the
army or the navy much below the contemplated strength--suppose he were
only to spend upon them one-third of the amount which Parliament had
permitted him to spend--suppose a Minister of Lord Palmerston's
principles were suddenly and while in office converted to the
principles of Mr. Bright and Mr. Cobden, and were to act on those
principles, he could not be impeached. The law of treason neither could
nor ought to be enforced against an act which was an error of judgment,
not of intention--which was in good faith intended not to impair the
well-being of the State, but to promote and augment it. Against such
misuses of the prerogative our remedy is a change of Ministry. And in
general this works very well. Every Minister looks long before he
incurs that penalty, and no one incurs it wantonly. But, nevertheless,
there are two defects in it. The first is that it may not be a remedy
at all; it may be only a punishment. A Minister may risk his dismissal;
he may do some act difficult to undo, and then all which may be left
will be to remove and censure him. And the second is that it is only
one House of Parliament which has much to say to this remedy, such as
it is; the House of Commons only can remove a Minister by a vote of
censure. Most of the Ministries for thirty years have never possessed
the confidence of the Lords, and in such cases a vote of censure by the
Lords could therefore have but little weight; it would be simply the
particular expression of a general political disapproval. It would be
like a vote of censure on a Liberal Government by the Carlton, or on a
Tory Government by the Reform Club. And in no case has an adverse vote
by the Lords the same decisive effect as a vote of the Commons; the
Lower House is the ruling and the choosing House, and if a Government
really possesses that, it thoroughly possesses nine-tenths of what it
requires. The support of the Lords is an aid and a luxury; that of the
Public-domain text, read in full here on John Shaqi.
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