Constitutional history -- Great Britain; Constitutional law -- Great Britain; Great Britain -- Politics and government
The most curious point about the Cabinet is that so very little is
known about it. The meetings are not only secret in theory, but secret
in reality. By the present practice, no official minute in all ordinary
cases is kept of them. Even a private note is discouraged and disliked.
The House of Commons, even in its most inquisitive and turbulent
moments, would scarcely permit a note of a Cabinet meeting to be read.
No Minister who respected the fundamental usages of political practice
would attempt to read such a note. The committee which unites the
law-making power to the law-executing power--which, by virtue of that
combination, is, while it lasts and holds together, the most powerful
body in the State--is a committee wholly secret. No description of it,
at once graphic and authentic, has ever been given. It is said to be
sometimes like a rather disorderly board of directors, where many speak
and few listen--though no one knows.[1] But a Cabinet, though it is a
committee of the legislative assembly, is a committee with a power
which no assembly would--unless for historical accidents, and after
happy experience--have been persuaded to entrust to any committee. It
is a committee which can dissolve the assembly which appointed it; it
is a committee with a suspensive veto--a committee with a power of
appeal. Though appointed by one Parliament, it can appeal if it chooses
to the next. Theoretically, indeed, the power to dissolve Parliament is
entrusted to the sovereign only; and there are vestiges of doubt
whether in ALL cases a sovereign is bound to dissolve Parliament when
the Cabinet asks him to do so. But neglecting such small and dubious
exceptions, the Cabinet which was chosen by one House of Commons has an
appeal to the next House of Commons. The chief committee of the
legislature has the power of dissolving the predominant part of that
legislature--that which at a crisis is the supreme legislature. The
English system, therefore, is not an absorption of the executive power
by the legislative power; it is a fusion of the two. Either the Cabinet
legislates and acts, or else it can dissolve. It is a creature, but it
has the power of destroying its creators. It is an executive which can
annihilate the legislature, as well as an executive which is the
nominee of the legislature. It was made, but it can unmake; it was
derivative in its origin, but it is destructive in its action. This
fusion of the legislative and executive functions may, to those who
have not much considered it, seem but a dry and small matter to be the
latent essence and effectual secret of the English Constitution; but we
can only judge of its real importance by looking at a few of its
principal effects, and contrasting it very shortly with its great
competitor, which seems likely, unless care be taken, to outstrip it in
the progress of the world. That competitor is the Presidential system.
The characteristic of it is that the President is elected from the
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