Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
Commons is a strict and indispensable necessary.
These difficulties are particularly raised by questions of foreign
policy. On most domestic subjects, either custom or legislation has
limited the use of the prerogative. The mode of governing the country,
according to the existing laws, is mostly worn into a rut, and most
administrations move in it because it is easier to move there than
anywhere else. Most political crises--the decisive votes, which
determine the fate of Government--are generally either on questions of
foreign policy or of new laws; and the questions of foreign policy come
out generally in this way, that the Government has already done
something, and that it is for the one part of the legislature
alone--for the House of Commons, and not for the House of Lords--to say
whether they have or have not forfeited their place by the treaty they
have made.
I think every one must admit that this is not an arrangement which
seems right on the face of it. Treaties are quite as important as most
laws, and to require the elaborate assent of representative assemblies
to every word of the law, and not to consult them even as to the
essence of the treaty, is prima facie ludicrous. In the older forms of
the English Constitution, this may have been quite right; the power was
then really lodged in the Crown, and because Parliament met very
seldom, and for other reasons, it was then necessary that, on a
multitude of points, the Crown should have much more power than is
amply sufficient for it at present. But now the real power is not in
the Sovereign, it is in the Prime Minister and in the Cabinet--that is,
in the hands of a committee appointed by Parliament, and of the
chairman of that committee. Now, beforehand, no one would have ventured
to suggest that a committee of Parliament on foreign relations should
be able to commit the country to the greatest international obligations
without consulting either Parliament or the country. No other select
committee has any comparable power; and considering how carefully we
have fettered and limited the powers of all other subordinate
authorities, our allowing so much discretionary power on matters
peculiarly dangerous and peculiarly delicate to rest in the sole charge
of one secret committee is exceedingly strange. No doubt it may be
beneficial; many seeming anomalies are so, but at first sight it does
not look right.
Public-domain text, read in full here on John Shaqi.
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