Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
Secondly, it may be objected to the change suggested that Parliament is
not always sitting, and that if treaties required its assent, it might
have to be sometimes summoned out of season, or the treaties would have
to be delayed. And this is as far as it goes a just objection, but I do
not imagine that it goes far. The great bulk of treaties could wait a
little without harm, and in the very few cases when urgent haste is
necessary, an autumn session of Parliament could well be justified, for
the occasion must be of grave and critical importance.
Thirdly, it may be said that if we required the consent of both Houses
of Parliament to foreign treaties before they were valid we should much
augment the power of the House of Lords. And this is also, I think, a
just objection as far as it goes. The House of Lords, as it cannot turn
out the Ministry for making treaties, has in no case a decisive weight
in foreign policy, though its debates on them are often excellent; and
there is a real danger at present in giving it such weight. They are
not under the same guidance as the House of Commons. In the House of
Commons, of necessity, the Ministry has a majority, and the majority
will agree to the treaties the leaders have made if they fairly can.
They will not be anxious to disagree with them. But the majority of the
House of Lords may always be, and has lately been generally an
opposition majority, and therefore the treaty may be submitted to
critics exactly pledged to opposite views. It might be like submitting
the design of an architect known to hold "mediaeval principles" to a
committee wedded to "classical principles".
Still, upon the whole, I think the augmentation of the power of the
peers might be risked without real fear of serious harm. Our present
practice, as has been explained, only works because of the good sense
of those by whom it is worked, and the new practice would have to rely
on a similar good sense and practicality too. The House of Lords must
deal with the assent to treaties as they do with the assent to laws;
they must defer to the voice of the country and the authority of the
Commons even in cases where their own judgment might guide them
otherwise. In very vital treaties probably, being Englishmen, they
would be of the same mind as the rest of Englishmen. If in such cases
they showed a reluctance to act as the people wished, they would have
the same lesson taught them as on vital and exciting questions of
domestic legislation, and the case is not so likely to happen, for on
these internal and organic questions the interest and the feeling of
the peers is often presumably opposed to that of other classes--they
may be anxious not to relinquish the very power which other classes are
anxious to acquire; but in foreign policy there is no similar
antagonism of interest--a peer and a non-peer have presumably in that
matter the same interest and the same wishes.
Public-domain text, read in full here on John Shaqi.
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