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
Now the offices held by ministers are either old offices within the
meaning of the Act of Anne, and therefore compatible with a seat in
Parliament, or new offices that have been taken out of the rule by
special statutes passed usually when the office was created. This is
not, indeed, universally true; for by special provision of statute only
four of the five secretaries of state, and four of their
under-secretaries, can sit in the House of Commons at one time. With
that limitation every minister is capable of sitting; but on his
appointment he loses his seat, and must go back to his constituents for
a new election. The last rule, however, like every other, has its
exceptions. The under-secretaries of state occupy _old_ offices, but as
they do not accept them _from_ the Crown they are not obliged to undergo
a fresh election on their appointment; and they are not, in fact, in the
habit of doing so.[241:1] The same privilege has been extended by
statute to the Financial Secretary of the War Office. There is, indeed,
no self-evident reason to-day why it should not be extended to all the
ministers. The original fear of influence on the part of the Crown no
longer applies; and the only important effect of the rule is that if a
new cabinet comes into power when Parliament is in session, all business
there has to be suspended while the ministers are seeking reëlection. A
number of attempts have been made to do away with the rule, and they
have been supported by very eminent statesmen, but they have been
constantly defeated, mainly on the ground that a constituency, having
elected a man while he was in an independent position, has a right to
reconsider its choice when he assumes the burden of public
office.[241:2] Such reasoning is characteristic of English political
life. It either proves nothing or it proves too much, for if it is
sound, the same principle applies with quite as much force to the
under-secretaries, and with a great deal more force to the Speaker.
This objection to a change was avoided, while a part of the practical
inconvenience was removed, by a provision in the Reform Act of 1867 that
a person who has been elected to Parliament since he became a minister
shall not vacate his seat on account of accepting a different office in
the ministry.[242:1]
[Sidenote: Extinct Disqualifications.]
Public-domain text, read in full here on John Shaqi.
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