the product not of one intellect and conscience, but of three[, the
least considerable of whom, and above all the least original, is the one
whose name is attached to it].
The work of the years 1860 and 1861 consisted chiefly of two treatises,
only one of which was intended for immediate publication. This was the
_Considerations on Representative Government_; a connected exposition of
what, by the thoughts of many years, I had come to regard as the best
form of a popular constitution. Along with as much of the general theory
of government as is necessary to support this particular portion of its
practice, the volume contains many matured views of the principal
questions which occupy the present age, within the province of purely
organic institutions, and raises, by anticipation, some other questions
to which growing necessities will sooner or later compel the attention
both of theoretical and of practical politicians. The chief of these
last, is the distinction between the function of making laws, for which
a numerous popular assembly is radically unfit, and that of getting good
laws made, which is its proper duty and cannot be satisfactorily
fulfilled by any other authority: and the consequent need of a
Legislative Commission, as a permanent part of the constitution of a
free country; consisting of a small number of highly trained political
minds, on whom, when Parliament has determined that a law shall be made,
the task of making it should be devolved: Parliament retaining the power
of passing or rejecting the bill when drawn up, but not of altering it
otherwise than by sending proposed amendments to be dealt with by the
Commission. The question here raised respecting the most important of
all public functions, that of legislation, is a particular case of the
great problem of modern political organization, stated, I believe, for
the first time in its full extent by Bentham, though in my opinion not
always satisfactorily resolved by him; the combination of complete
popular control over public affairs, with the greatest attainable
perfection of skilled agency.