The English Constitution eBook

This eBook from the Gutenberg Project consists of approximately 346 pages of information about The English Constitution.

The English Constitution eBook

This eBook from the Gutenberg Project consists of approximately 346 pages of information about The English Constitution.

Secondly, it may be objected to the change suggested that Parliament is not always sitting, and that if treaties required its assent, it might have to be sometimes summoned out of season, or the treaties would have to be delayed.  And this is as far as it goes a just objection, but I do not imagine that it goes far.  The great bulk of treaties could wait a little without harm, and in the very few cases when urgent haste is necessary, an autumn session of Parliament could well be justified, for the occasion must be of grave and critical importance.

Thirdly, it may be said that if we required the consent of both Houses of Parliament to foreign treaties before they were valid we should much augment the power of the House of Lords.  And this is also, I think, a just objection as far as it goes.  The House of Lords, as it cannot turn out the Ministry for making treaties, has in no case a decisive weight in foreign policy, though its debates on them are often excellent; and there is a real danger at present in giving it such weight.  They are not under the same guidance as the House of Commons.  In the House of Commons, of necessity, the Ministry has a majority, and the majority will agree to the treaties the leaders have made if they fairly can.  They will not be anxious to disagree with them.  But the majority of the House of Lords may always be, and has lately been generally an opposition majority, and therefore the treaty may be submitted to critics exactly pledged to opposite views.  It might be like submitting the design of an architect known to hold “mediaeval principles” to a committee wedded to “classical principles”.

Still, upon the whole, I think the augmentation of the power of the peers might be risked without real fear of serious harm.  Our present practice, as has been explained, only works because of the good sense of those by whom it is worked, and the new practice would have to rely on a similar good sense and practicality too.  The House of Lords must deal with the assent to treaties as they do with the assent to laws; they must defer to the voice of the country and the authority of the Commons even in cases where their own judgment might guide them otherwise.  In very vital treaties probably, being Englishmen, they would be of the same mind as the rest of Englishmen.  If in such cases they showed a reluctance to act as the people wished, they would have the same lesson taught them as on vital and exciting questions of domestic legislation, and the case is not so likely to happen, for on these internal and organic questions the interest and the feeling of the peers is often presumably opposed to that of other classes—­they may be anxious not to relinquish the very power which other classes are anxious to acquire; but in foreign policy there is no similar antagonism of interest—­a peer and a non-peer have presumably in that matter the same interest and the same wishes.

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The English Constitution from Project Gutenberg. Public domain.