The right of parliament to legislate for us cannot be accounted for upon any reasonable grounds. The constitution of Great Britain is very properly called a limited monarchy, the people having reserved to themselves a share in the legislature, as a check upon the regal authority, to prevent its degenerating into despotism and tyranny. The very aim and intention of the democratical part, or the house of commons, is to secure the rights of the people. Its very being depends upon those rights. Its whole power is derived from them, and must be terminated by them.
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The House of Commons represents only one third of the legislative structure, which under our unwritten constitution consists of the 'Queen in Parliament' within which the Crown prerogatives and the real powers of the House of Lords still play a significant part. Only the House of Commons represents the people and it is the only democratic arena in which Labour can win a majority... The fact is that the British constitution, parliamentary system and machinery of government are far from democratic in both theory and practice and they are full of obstacles for those who want to use them to bring about reform by democratic means. The Crown prerogatives, most of which are exercised by ministers, confer immense powers which can, if abused, frustrate the wishes of the electorate... The use of either prerogative power in a controversial manner in Britain would draw the monarchy into the heart of the political debate.
We owe our present happiness and prosperity, which has never been equalled in the annals of mankind, to a mixture of monarchical government. We feel and know we are happy under that form of government. We consider it as our first duty to maintain and reverence the British constitution, which, for wise and just reasons of lasting and internal policy, attaches inviolability to the sacred person of the Sovereign, though, at the same time, by the responsibility it has annexed to government, by the check of a wise system of laws, and by a mixture of aristocratic and democratical power in the frame of legislation, it has equally exempted itself from the danger arising from the exercise of absolute power on the one hand, and the still more dangerous contagion of popular licentiousness on the other. The equity of our laws, and the freedom of our political system, have been the envy of every surrounding nation. In this country no man, in consequence of his riches or rank, is so high as to be above the reach of the laws, and no individual is so poor or inconsiderable as not to be within their protection. It is the boast of the law of England, that it affords equal security and protection to the high and the low, to the rich and the poor.
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As you know many people have dreamed dreams since the War ended. It's partly the fault of the British nation—and of the Americans; we can't exonerate them from blame either—that this idea of “representative government” has got into the heads of nations who haven't the smallest notion of what its basis must be. ... I doubt if you would find it written in any book on the British Constitution that the whole essence of British Parliamentary government lies in the intention to make the thing Work. We take that for granted. We have spent hundreds of years in elaborating a system that rests on that alone. It is so deep in us that we have lost sight of it. But it is not so obvious to others. These peoples—Indians, Egyptians, and so on—study our learning. They read our history, our philosophy, and politics. They learn about our Parliamentary methods of obstruction, but nobody explains to them that when it comes to the point, all our Parliamentary parties are determined that the machinery shan't stop. “The king's government must go on,” as the Duke of Wellington said. But their idea is that the function of opposition is to stop the machine. Nothing easier of course, but hopeless.
Parliament is the centre of the British Empire. It is the responsibility of the members of Parliament, to whatever party they belong, to see that the tradition which has insensibly grown up, which is not a product of this or that constitution-monger, but which is the result of the unthought-out efforts for the public good of the various constituent individuals who from generation to generation, either in this House or in the other, had the conduct of public affairs is continued. It is their action which has made Great Britain what it is, and has founded all over the world institutions modelled upon ours and showing that, whether the British Constitution be or be not the best Constitution in the world for all kinds and sorts of men, it is undoubtedly the best Constitution for people of British origin, British tradition, British hopes, and British ideals. That is why I am consoled by the gradual rising of new generations as old generations vanish.
The whole scheme of our mixed constitution is to prevent any one of its principles from being carried as far, as taken by itself, and theoretically, it would go.... To avoid the perfections of extreme, all its several parts are so constituted, as not alone to answer their own several ends, but also each to limit and control the others: insomuch, that take which of the principles you please — you will find its operation checked and stopped at a certain point. The whole movement stands still rather than that any part should proceed beyond its boundary. From thence it results, that in the British constitution, there is a perpetual treaty and compromise going on, sometimes openly, sometimes with less observation. To him who contemplates the British constitution, as to him who contemplates the subordinate material world, it will always be a matter of his most curious investigation, to discover the secret of this mutual limitation.
I admire the British constitution, because it gives scope to the people to exercise the right of political discussion; not merely with the permission of a magistrate, or under the control of an executive force, but on all occasions to state, in bold and plain words, the grievances which they feel, and the redress which they desire.
The omnipotence of Parliament is for the British what for other nations is represented by the constitution, the declaration of independence and the law of human rights all rolled into one. That division of powers which was wrongly deduced from observation of Britain in the eighteenth century is unknown to Britain: just because we have no written constitution, the control of Parliament over both law and government has to be unlimited. In order for Britain to join the Community, the House of Commons has to be told, and to accept, that it will progressively lose its exclusive power to control legislation and government.
If there is one thing more than another better established about the British Constitution it is this, that the Commons, and the Commons alone, have the complete control of supply and ways and means. And what our fathers established through centuries of struggles and of strife, even of bloodshed, we are not going to be traitors to. Who talks about altering and meddling with the Constitution? The Constitutional Party... As long as the Constitution gave rank and possession and power it was not to be interfered with. As long as it secured even their sports from intrusion, and made interference with them a crime; as long as the Constitution forced royalties and ground-rents and fees, premiums and fines, the black retinue of extraction; as long as it showered writs, and summonses, and injunctions, and distresses, and warrants to enforce them, then the Constitution was inviolate, it was sacred, it was something that was put in the same category as religion, that no man ought to touch, and something that the chivalry of the nation ought to range in defence of. But the moment the Constitution looks round, the moment the Constitution begins to discover that there are millions of people outside the park gates who need attention, then the Constitution is to be torn to pieces. Let them realize what they are doing. They are forcing revolution.
The British Constitution is an interesting contraption. I hope that is not too Burkeian a sentiment for a Thomas Paine-ite like myself to utter. There are many parts of it which die of apathy or inanition, and at the proper moment such parts have to be lopped off. That is what I should like to do with the House of Lords.
Now, at present Britain has no V.A.T., and the questions whether this new tax should be introduced, how it should be levied, and what should be its scope, would be matters of debate in the country and in Parliament. The essence of parliamentary democracy lies in the power to debate and impose taxation: it is the vital principle of the British House of Commons, from which all other aspects of its sovereignty ultimately derive. With Britain in the community, one important element of taxation would be taken automatically, necessarily and permanently out of the hands of the House of Commons...Those matters which sovereign parliaments debate and decide must be debated and decided not by the British House of Commons but in some other place, and by some other body, and debated and decided once for the whole Community...it is a fact that the British Parliament and its paramount authority occupies a position in relation to the British nation which no other elective assembly in Europe possesses. Take parliament out of the history of England and that history itself becomes meaningless. Whole lifetimes of study cannot exhaust the reasons why this fact has come to be, but fact it is, so that the British nation could not imagine itself except with and through its parliament. Consequently the sovereignty of our parliament is something other for us than what your assemblies are for you. What is equally significant, your assemblies, unlike the British Parliament, are the creation of deliberate political acts, and most of recent political acts. The notion that a new sovereign body can be created is therefore as familiar to you as it is repugnant, not to say unimaginable, to us. This deliberate, and recent, creation of sovereign assemblies on the continent is in turn an aspect of the fact that the continent is familiar, and familiar in the recent past, with the creation of nation states themselves. Four of the six members of the Community came into existence as such no more than a century or a century and a half ago – within the memory of two lifetimes.
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"Parliament" is a word of magic and power in this country. We refer to "parliamentary sovereignty." We live under the sovereignty of the Crown in Parliament. Our history and political life would be unintelligible if Parliament were removed from that history. There is no other European nation of which the same can be said. There is no other European nation at the heart of whose identity and history lies its parliamentary assembly.
Laws are no longer made by a rational process of public discussion; they are made by a process of blackmail and intimidation, and they are executed in the same manner. The typical lawmaker of today is a man wholly devoid of principle — a mere counter in a grotesque and knavish game. If the right pressure could be applied to him, he would be cheerfully in favor of polygamy, astrology or cannibalism. It is the aim of the Bill of Rights, if it has any remaining aim at all, to curb such prehensile gentry. Its function is to set a limitation upon their power to harry and oppress us to their own private profit. The Fathers, in framing it, did not have powerful minorities in mind; what they sought to hobble was simply the majority. But that is a detail. The important thing is that the Bill of Rights sets forth, in the plainest of plain language, the limits beyond which even legislatures may not go. The Supreme Court, in Marbury v. Madison, decided that it was bound to execute that intent, and for a hundred years that doctrine remained the corner-stone of American constitutional law.
The so much boasted constitution of England. That it was noble for the dark and slavish times in which it was erected, is granted. When the world was over run with tyranny the least remove therefrom was a glorious rescue. But that it is imperfect, subject to convulsions, and incapable of producing what it seems to promise, is easily demonstrated.
Absolute governments (tho’ the disgrace of human nature) have this advantage with them, that they are simple; if the people suffer, they know the head from which their suffering springs, know likewise the remedy, and are not bewildered by a variety of causes and cures. But the constitution of England is so exceedingly complex, that the nation may suffer for years together without being able to discover in which part the fault lies, some will say in one and some in another, and every political physician will advise a different medicine.
I know it is difficult to get over local or long standing prejudices, yet if we will suffer ourselves to examine the component parts of the English constitution, we shall find them to be the base remains of two ancient tyrannies, compounded with some new republican materials.
First. — The remains of monarchical tyranny in the person of the king.
Secondly. — The remains of aristocratical tyranny in the persons of the peers.
Thirdly. — The new republican materials, in the persons of the commons, on whose virtue depends the freedom of England.
The two first, by being hereditary, are independent of the people; wherefore in a constitutional sense they contribute nothing towards the freedom of the state.
To say that the constitution of England is a union of three powers reciprocally checking each other, is farcical, either the words have no meaning, or they are flat contradictions.
To say that the commons is a check upon the king, presupposes two things:
First. — That the king is not to be trusted without being looked after, or in other words, that a thirst for absolute power is the natural disease
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