government from the purely feudal type in which the mesne lord
stands between the inferior vassal and the king.
Parliamentary Government.—The English System.—The right of the commons to share the power of the king and lords in legislation, the exclusive right of the commons to impose taxes, the disappearance of the clergy as a separate order, were all important steps in the movement towards popular government. The extinction of the old feudal nobility in the dynastic wars of the 15th century simplified the question by leaving the crown face to face with parliament. The immediate result was no doubt an increase in the power of the crown, which probably never stood higher than it did in the reigns of Henry VIII. and Elizabeth; but even these powerful monarchs were studious in their regard for parliamentary conventionalities. After a long period of speculative controversy and civil war, the settlement of 1688 established limited monarchy as the government of England. Since that time the external form of government has remained unchanged, and, so far as legal description goes, the constitution of William III. might be taken for the same system as that which still exists. The silent changes have, however, been enormous. The most striking of these, and that which has produced the most salient features of the English system, is the growth of cabinet government. Intimately connected with this is the rise of the two great historical parties of English politics. The normal state of government in England is that the cabinet of the day shall represent that which is, for the time, the stronger of the two. Before the Revolution the king’s ministers had begun to act as a united body; but even after the Revolution the union was still feeble and fluctuating, and each individual minister was bound to the others only by the tie of common service to the king. Under the Hanoverian sovereigns the ministry became consolidated, the position of the cabinet became definite, and its dependence on parliament, and more particularly on the House of Commons, was established. Ministers were chosen exclusively from one house or the other, and they assumed complete responsibility for every act done in the name of the crown. The simplicity of English politics has divided parliament into the representatives of two parties, and the party in opposition has been steadied by the consciousness that it, too, has constitutional functions of high importance, because at any moment it may be called to provide a ministry. Criticism is sobered by being made responsible. Along with this movement went the withdrawal of the personal action of the sovereign in politics. No king has attempted to veto a bill since the Scottish Militia Bill was vetoed by Queen Anne. No ministry has been dismissed by the sovereign since 1834. Whatever the power of the sovereign may be, it is unquestionably limited to his personal influence over his ministers. And it must be remembered that since the Reform Act of 1832 ministers have become, in practice, responsible ultimately, not to parliament, but to the House of Commons. Apart, therefore, from democratic changes due to a wider suffrage, we find that the House of Commons, as a body, gradually made itself the centre of the government. Since the area of the constitution has been enlarged, it may be doubted whether the orthodox descriptions of the government any longer apply. The earlier constitutional writers, such as Blackstone and J. L. Delolme, regard it as a wonderful compound of the three standard forms,—monarchy, aristocracy and democracy. Each has its place, and each acts as a check upon the others. Hume, discussing the question “Whether the British government inclines more to absolute monarchy or to a republic,” decides in favour of the former alternative. “The tide has run long and with some rapidity to the side of popular government, and is just beginning to turn toward monarchy.” And he gives it as his own opinion that absolute monarchy would be the easiest death, the true euthanasia of the British constitution. These views of the English government in the 18th century may be contrasted with Bagehot’s sketch of the modern government as a working instrument.[1]
Leading Features of Parliamentary Government.—The parliamentary government developed by England out of feudal materials has been deliberately accepted as the type of constitutional government all over the world. Its leading features are popular representation more or less extensive, a bicameral legislature, and a cabinet or consolidated ministry. In connexion with all of these, numberless questions of the highest practical importance have arisen, the bare enumeration of which would surpass the limits of our space. We shall confine ourselves to a few very general considerations.
The Two Chambers.—First, as to the double chamber. This, which is perhaps more accidental than any other portion of the British system, has been the most widely imitated. In most European countries, in the British colonies, in the United States Congress, and in the separate states of the Union,[2] there are two houses of legislature. This result has been brought about partly by natural imitation of the accepted type of free government, partly from a conviction that the second chamber will moderate the democratic tendencies of the first. But the elements of the British original cannot be reproduced to order under different conditions. There have, indeed, been a few attempts to imitate the special character of hereditary nobility attaching to the British House of Lords. In some countries, where the feudal tradition is still strong (e.g. Prussia, Austria, Hungary), the hereditary element in the upper chambers has survived as truly representative of actual social and economic relations. But where these social conditions do not obtain (e.g. in France after the Revolution) the attempt to establish an hereditary peerage on the British model has always failed. For the peculiar solidarity between the British nobility and the general mass of the people, the outcome of special conditions and tendencies, is a result beyond the power of constitution-makers to attain. The British system too, after its own way, has for a long period worked without any serious collision between the Houses,—the standing and obvious danger of the bicameral system. The actual ministers of the day must possess the confidence of the House of Commons; they need not—in fact they often do not—possess the confidence of the House of Lords. It is only in legislation that the Lower House really shares its powers with the Upper; and (apart from any such change in the constitution as was suggested in 1907 by Sir H. Campbell-Bannerman) the constitution possesses, in the unlimited power of nominating peers, a well-understood last resource should the House of Lords persist in refusing important measures demanded by the representatives of the people. In the United Kingdom it is well understood that the real sovereignty lies with the people (the electorate), and the House of Lords recognizes the principle that it must accept a measure when the popular will has been clearly expressed. In all but measures of first-class importance, however, the House of Lords is a real second chamber, and in these there is little danger of a collision between the Houses. There is the widest possible difference between the British and any other second chamber. In the United States the Senate (constituted on the system of equal representation of states) is the more important of the two Houses, and the only one whose control of the executive can be compared to that exercised by the British House of Commons.
The real strength of popular government in England lies in the ultimate supremacy of the House of Commons. That supremacy had been acquired, perhaps to its full extent, before the extension of the suffrage made the constituencies democratic. Foreign imitators, it may be observed, have been more ready to accept a wide basis of representation than to confer real power on the representative body. In all the monarchical countries of Europe, however unrestricted the right of suffrage may be, the real victory of constitutional government has yet to be won. Where the suffrage means little or nothing, there is little or no reason for guarding it against abuse. The independence of the executive in the United States brings that country, from one
- ↑ See Bagehot’s English Constitution; or, for a more recent analysis, Sidney Low’s Governance of England.
- ↑ For an account of the double chamber system in the state legislatures see United States: Constitution and Government, and also S. G. Fisher, The Evolution of the Constitution (Philadelphia, 1897).
