Parliamentary system

“ When the great measure of Reform in Parliament was introduced in 1831, apart from all question of party struggles there was the still greater question considered by many reflecting people, whether the new Parliamentary and electoral system would be found compatible with the old practice of government by means of party and steady Parliamentary majorities. ”

“ But proportional representation, in rendering more difficult the passing of legislation conceived in a partisan spirit, will save the time and energy of Parliament for legislation which is more in accordance with the nation's will. The history of the numerous Education and Licensing Bills which have been presented to Parliament during the two decades 1890-1910 furnish an excellent example of the way in which a rigid party system results in the waste of parliamentary time. ”

“ But as their knowledge of parliamentary law has been obtained from the usages in this country, rather than from the customs of Parliament, it has resulted that these societies have followed the customs of our own legislative bodies, and our people have thus been educated under a system of parliamentary law which is peculiar to this country, and yet so well established as to supersede the English parliamentary law as the common law of ordinary deliberative assemblies. ”

“ A parliamentary government chosen on the party system is, as we have seen, at once the trustee of the whole nation, bound as such to make the welfare of the whole its supreme end, and also the special representative of particular classes, the special guardian of their interests, aims, wishes, and principles. ”

“ When the rules of the two Houses of Congress conflict, the House of Representatives rules are of greater authority than those of the Senate in determining the parliamentary law of the country, just as the practice of the House of Commons, and not the House of Lords, determines the parliamentary law of England. ”

“ A work on parliamentary law has long been needed, based, in its general principles, upon the rules and practice of Congress, but adapted, in its details, to the use of ordinary societies. Such a work should give not only the methods of organizing and conducting meetings, the duties of officers and names of ordinary motions, but should also state systematically in reference to each motion, its object and effect ”

“ Being responsible for the whole conduct of parliamentary business, he must keep a close watch upon every pending bill, and determine how much of Government time shall be 218 allotted to each, and in what order they shall be taken, and how far the general feeling of the House will let him go in seizing the hours usually reserved for private members, and in granting or refusing opportunities for discussing topics he would prefer to have not discussed at all. ”

“ Consider how the three main functions of Parliament are performed—legislation, finance, and the control of administration. The discussion of legislation by the whole House has been made to seem futile by the crack of the party whip, by obstruction, and by the weapons designed to deal with obstruction—the closure, the guillotine, the kangaroo. A real amendment has been brought about in this sphere by the establishment of a system of committees to which legislative proposals of various kinds are referred, and this is one of the most hopeful features of recent development. ”

“ If, however, we speak of parliamentary strategy in its larger sense, as covering familiarity with parliamentary forms and usages, the powers of seizing a parliamentary situation and knowing how to deal with it, the art of guiding a debate and choosing the right moment for reserve and for openness, for a dignified retreat, for a watchful defense, for a sudden rattling charge upon the enemy, no one had a fuller mastery of it. His recollection of precedents was unrivaled, for it began in 1833 with the first reformed Parliament, and it seemed as fresh for those remote days as for last month. ”

“ At present, if the Commons decidedly oppose that policy, the Prime Minister, with his Cabinet, either resigns, and a new Cabinet is chosen, or the Minister appeals to the people for support, and the sovereign dissolves Parliament and orders a new parliamentary election, by which the nation decides the question. ”

“ Not that I do not recognize the enormous value of parliamentary activity, but this is not an end, but only a means to an end. Our power is not measured by the number of representatives, but by the total number of votes that are behind us. ”

“ In the next paragraph you say that ‘political power became centralized around the presidency and Parliament played a secondary role’. This is inevitable given our constitution though, because of the narrow parliamentary majority of the government, Parliament is much more important than it was for most of the period since the new constitution was brought in. ”

“ Knowledge of parliamentary law is, at some time or other, useful to almost every member of an American community, yet few ever get more than a confused and mistaken idea of its principles.
Absolute equality of rights and privileges among the members of an assembly, the right to a full and free debate of every proposition offered, the rule of the majority, and the limitation of consideration to one thing at a time, are the cardinal principles upon which the rules of order rest. To enforce them, a chairman or moderator must be chosen. He always speaks of himself as “the chair.” ”

“ One very clear cause of failure in the House of Lords to give satisfaction lies in the fact that, although government by Party is the very groundwork of the parliamentary constitution, as far as the Upper House is concerned such an idea might just as well not exist at all. ”

“ Sometimes the old common parliamentary law is better adapted to ordinary societies, as with the motion to lay oh the table. Where the two houses differ, sometimes the Senate practice is better adapted to ordinary assemblies, as in allowing each member to speak twice to the same question each day; while in allowing the previous question and in making the motion to postpone indefinitely the lowest of subsidiary motions, the practice of the House seems better adapted to ordinary assemblies. ”

“ Nominally, it is true, an unfavorable vote in the Deputies upon a Government measure or action involves the retirement of a minister, or of the entire cabinet, unless the crown is willing to dissolve the Chamber and appeal to the country; and no Government project of consequence can be carried through without parliamentary approval. Practical conditions within the kingdom, however, have never been favorable for the operation of parliamentarism in a normal manner. In the first place, the parliament itself is in no wise representative of the nation as a whole. ”

“ Men may and do devote themselves to politics for life; but no man is in office for many years together except in the legislature; and the parliamentary function occupies much less of time and thought where the legislature has jurisdiction over only five subjects, than in England, where the whole political structure and its workings are under the charge of parliament. ”

“ While in extreme cases there is no difficulty in deciding the question as to whether the practice of Congress determines the common parliamentary law, yet between these extremes there must necessarily be a large number of doubtful cases upon which there would be great difference of opinion, and to avoid the serious difficulties always arising from a lack of definiteness in the law, every deliberative assembly should imitate our legislative bodies in adopting Rules of Order for the conduct of their business. [1]
Plan of the Work. ”

“ By general consent many things can be done that will save much time, but where the assembly is divided and contains members who are continually raising points of order, the most expeditious and safe course is to enforce strictly all the rules and forms of parliamentary law. Whenever an improper motion is made, instead of simply ruling it out of order, it is well for the Chairman to suggest how the desired object can be accomplished. ”

“ The power of parliament is so great and extensive, that it makes, amends, reduces, revives, and abrogates laws, statutes, 111and ordinances, concerning matters ecclesiastical, civil, and military. None can begin, continue, or dissolve this council, but by the King’s authority. ”

“ It is therefore customary for societies to adopt some authority as a guide in its procedure. When such authority as adopted it should be closely adhered to in all cases to which it is applicable, and is not inconsistent with the organic law or special rules of the society. Any assembly may, however, modify the rules or make for its government special rules which supersede the adopted authority and common parliamentary usage in all points to which they relate, and are binding on its members so long as in force, but have no force in any assembly except that which created them. ”

“ But besides these necessary qualities which are needful before a parliamentary government can work at all, there are some additional pre-requisites before it can work well. That a House of Commons may work well it must perform, as we saw, five functions well: it must elect a ministry well, legislate well, teach the nation well, express the nation’s will well, bring matters to the nation’s attention well. ”

“ On these grounds, some persons, incapable of seeing more than one side of a question, have pronounced parliamentary government a positive evil, and have maintained that the administration would be greatly improved if the power, now exercised by a large assembly, were transferred to a single person. ”

“ The groups which emerge under existing processes are uncertain in shape, in size, and in their combinations, and governments resting upon them are infirm even when they appear to be strong. It is only when the groups in the legislature represent in faithful proportion bodies of convinced adherents returning them as their representatives that such groups become strong enough to restore parliamentary efficiency and to combine in the maintenance of a stable administration. ”

“ In the new system which rendered the houses of parliament partakers in the executive administration, they were drawn themselves into the approbation of every successive measure, either on the propositions of ministers, or as often happens more indirectly, but hardly less effectually, by passing a negative on those of their opponents. ”

“ Thus is the parliamentary rule which forbids a person unfriendly to the business of the committee, whatever it may be, whether bill or inquiry, from serving on the committee, one of those inhibitions by which public business is promoted, by which impartiality is secured, [Pg 55] and especially by which a minority is shielded against the wantonness of power. ”

“ Throughout upwards of a hundred years, however, the scheme of parliamentary organization which was to take the place of that which had been cast aside continued uncertain. During the Revolution ultra-democratic reformers very generally favored the maintenance of a national assembly of but a single house, and it was not until the promulgation of the constitution of 1795 that a frame of government including provision for a legislature of two houses was brought into operation. ”

“ A great and incalculable advantage is bestowed on that constituency which returns to parliament a distinguished man. His distinction ennobles the place he represents, it sustains public spirit, it augments the manly interest in all that affects the nation. Every time his voice hushes the assembled parliament, it reminds us of our common country; and even the discussion amongst his constituents which his voice provokes, clears their perceptions of the public interest, and enlightens themselves, from the intellect which commands their interests, and compels their attention. ”

“ Unfortunately, however, in actual practice, too many of our legislative bodies have not really been representative; and not a few of the ablest and most prominent men in public life have prided themselves on their ability to use parliamentary forms to defeat measures for which there was a great popular demand. ”

“ The parliamentary chambers have never directly avowed a purpose to amend a single article of the Statuto, but numerous measures which they have enacted have, with clear intent, taken from the instrument at some points, have added to it at others, and have changed both its spirit and its application. Care has been exercised that such enactments shall be in harmony with the public will, and in practice they are rarely brought to a final vote until the country shall have been given an opportunity to pass upon them at a general election. ”

“ The most prevalent idea I think at present is a total change of the federal system, and instituting a great national council or parliament upon the principles of equal, proportionate representation, consisting of two branches of the legislature invested with full legislative powers upon the objects of the Union ”

“ The power of the legislature is limited, not only by the general rules of natural justice, and the welfare of the community, but by the forms and principles of our particular constitution. If this doctrine be not true, we must admit, that king, lords, and commons have no rule to direct their resolutions, but merely their own will and pleasure. They might unite the legislative and executive power in the same hands, and dissolve the constitution by an act of parliament. ”

“ The constitution deduced from these principles has at least the merit of simplicity. We are to have universal suffrage, annual parliaments, and vote by ballot. He inclines to give a vote to women. [445] There is to be no king, no house of peers, no established church. Members of parliament are not to be re-eligible, till after an interval. Elaborate rules provide for their regular attendance and exclusive devotion to their masters' business. They are to be simply 'deputies,' not 'representatives.' They elect a prime minister who holds office for four years. ”