The Government of England (Vol. I)Lowell, A. Lawrence (Abbott Lawrence)
History
The Government of England (Vol. I)
Lowell, A. Lawrence (Abbott Lawrence)
Great Britain -- Politics and government
As general elections in England come at irregular intervals, and at
short notice, it is common to select candidates without regard to the
prospect of a dissolution, sometimes years before it occurs; and in fact
the sitting member, having a presumptive right to stand again, is
regarded in the light of a permanent candidate. Under these conditions
it is the habit in most places for a candidate, who can afford it, to
ingratiate himself with his constituents by subscribing liberally to
public and charitable objects; and since a payment to be corrupt must be
made for the purpose of influencing particular voters[234:1]
subscriptions of this kind are not deemed corrupt; nor, unless given
near the time of an election, are they election expenses or illegal
payments.[234:2] The practice is called nursing a constituency, and it
takes a great variety of forms, from a subscription for a cricket club
to the founding of a hospital. The sums expended vary very much with the
nature of the place and the wealth of the candidate, and no one knows
how large they are in the aggregate, because men do not state publicly
what they give in this way; but as far as one can form an opinion, it
would appear that such gifts by a member of Parliament commonly amount
to a number of hundred pounds a year. It is obvious that the custom of
nursing, combined with the uncertainty about the time when the election
period begins, opens a door to abuse.
[Sidenote: Difficulty in Getting Evidence.]
Another difficulty in a strict enforcement of the election laws is
connected with the proof of the offence. A witness cannot, indeed,
refuse to give evidence on the ground that it will incriminate him, for
the law provides that he must testify; and if he tells the truth he is
entitled to a certificate of indemnity, which protects him against
prosecution.[234:3] But the facts that tend to establish bribery, for
example, are directly known, as a rule, only to persons who have the
strongest motives for concealing them; and the same thing is true to a
greater or less extent of other breaches of the election law. It is
clear, therefore, that if the offence must be proved by legally
competent evidence beyond reasonable doubt, as in criminal cases, an
election procured by improper means may well stand, just as many
criminals escape punishment; and this brings us to another question,
that of the efficiency of the election courts.
[Sidenote: Merits of the Election Courts.]
The system of sending petitions for trial to a couple of judges selected
by the bench itself has provided a court as free as any human tribunal
can be from the party bias that always affects the decisions of such
questions by a legislative body.
[Sidenote: Their Defects.]
[Sidenote: Expense of Petitions.]
Public-domain text, read in full here on John Shaqi.
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