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Parliament is not a congress of ambassadors from different and hostile interests; which interests each must maintain, as an agent and advocate, against other agents and advocates; but parliament is a deliberative assembly of one nation, with one interest, that of the whole; where, not local purposes, not local prejudices ought to guide, but the general good, resulting from the general reason of the whole. You choose a member indeed; but when you have chosen him, he is not a member of Bristol, but he is a member of parliament.
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Parliament (by which I mean, of course, the elected House of Commons stripped of all irresponsible encumbrances) is the institution which has played the central, liberating role in our history ever since Cromwellian or even Elizabethan times; no comparable institution certainly has shaped so continuously the life and society of any Western European state. It is the authority of our distinctive Parliament which is one of the stakes in the choice now before the people.
"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.
Sir John Neale has shown how mistaken this view is: queen and Commons clashed frequently throughout the reign, but this did not prevent equally frequent co-operation. Secondly the conventional view supposes that serious conflict on the parliamentary stage is somehow normal: that "the Commons" misbehaved unless they opposed the Crown. This is nonsense. Parliament was part of the king's government, called to assist him by making grants and laws, but also designed to keep the Crown in touch with opinion and an accepted occasion for complaint and protest. It was, and is, a talking institution, a place for debate. The historian who supposed that debate must mean "inevitable conflict" had better investigate his subconscious.
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 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.
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.
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.
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