Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
In such an age a legislature continuously sitting, always making laws,
always repealing laws, would have been both an anomaly and a nuisance.
But in the present state of the civilised part of the world such
difficulties are obsolete. There is a diffused desire in civilised
communities for an ADJUSTING legislation; for a legislation which
should adapt the inherited laws to the new wants of a world which now
changes every day. It has ceased to be necessary to maintain bad laws
because it is necessary to have some laws. Civilisation is robust
enough to bear the incision of legal improvements. But taking history
at large, the rarity of Cabinets is mostly due to the greater rarity of
continuous legislatures.
Other conditions, however, limit even at the present day the area of a
Cabinet government. It must be possible to have not only a legislature,
but to have a competent legislature--a legislature willing to elect and
willing to maintain an efficient executive. And this is no easy matter.
It is indeed true that we need not trouble ourselves to look for that
elaborate and complicated organisation which partially exists in the
House of Commons, and which is more fully and freely expanded in plans
for improving the House of Commons. We are not now concerned with
perfection or excellence; we seek only for simple fitness and bare
competency.
The conditions of fitness are two. First, you must get a good
legislature; and next, you must keep it good. And these are by no means
so nearly connected as might be thought at first sight. To keep a
legislature efficient, it must have a sufficient supply of substantial
business. If you employ the best set of men to do nearly nothing, they
will quarrel with each other about that nothing. Where great questions
end, little parties begin. And a very happy community, with few new
laws to make, few old bad laws to repeal, and but simple foreign
relations to adjust, has great difficulty in employing a legislature.
There is nothing for it to enact, and nothing for it to settle.
Accordingly, there is great danger that the legislature, being debarred
from all other kind of business, may take to quarrelling about its
elective business; that controversies as to Ministries may occupy all
its time, and yet that time be perniciously employed; that a constant
succession of feeble administrations, unable to govern and unfit to
govern, may be substituted for the proper result of Cabinet
government--a sufficient body of men long enough in power to evince
their sufficiency. The exact amount of non-elective business necessary
for a Parliament which is to elect the executive cannot, of course, be
formally stated. There are no numbers and no statistics in the theory
of constitutions. All we can say is, that a Parliament with little
business, which is to be as efficient as a Parliament with much
business, must be in all other respects much better. An indifferent
Parliament may be much improved by the steadying effect of grave
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