Considerations on Representative Government Chap. XI by John Stuart Mill Lyrics
Of the Duration of Parliaments
AFTER HOW LONG A TERM should members of Parliament be subject to re-election? The principles involved are here very obvious; the difficulty lies in their application. On the one hand, the member ought not to have so long a tenure of hi seat as to make him forget his responsibility, take his duties easily, conduct them with a view to his own personal advantage, or neglect those free and public conferences with his constituents which, whether he agrees or differs with them, are one of the benefits of representative government. On the other hand, he should have such a term of office to look forward to as will enable him to be judged, not by a single act, but by his course of action. It is important that he should have the greatest latitude of individual opinion and discretion compatible with the popular control essential to free government; and for this purpose it is necessary that the control should be exercised, as in any case it is best exercised, after sufficient time has been given him to show all the qualities he possesses, and to prove that there is some other way than that of a mere obedient voter and advocate of their opinions, by which he can render himself, in the eyes of his constituents, a desirable and creditable representative. It is impossible to fix, by any universal rule, the boundary between these principles. Where the democratic power in the constitution is weak or over-passive, and requires stimulation; where the representative, on leaving his constituents, enters at once into a courtly or aristocratic atmosphere, whose influences all tend to deflect his course into a different direction from the popular one, to tone down any democratic feelings which he may have brought with him, and make him forget the wishes and grow cool to the interests of those who chose him, the obligation of a frequent return to them for a renewal of his commission is indispensable to keeping his temper and character up to the right mark. Even three years, in such circumstances, are almost too long a period, and any longer term is absolutely inadmissible. Where, on the contrary, democracy is the ascendant power, and still tends to increase, requiring rather to be moderated in its exercise than encouraged to any abnormal activity; where unbounded publicity, and an ever-present newspaper press give the representative assurance that his every act will be immediately known, discussed, and judged by his constituents, and that he is always either gaining or losing ground in the estimation, while, by the same means, the influence of their sentiments, and all other democratic influences, are kept constantly alive and active in his own mind, less than five years would hardly be a sufficient period to prevent timid subserviency. The change which has taken place in English politics as to all these features explains why annual Parliaments, which forty years ago stood prominently in front of the creed of the more advanced reformers, are so little cared for and so seldom heard of at present. It deserves consideration that, whether the term is short or long, during the last year of it the members are in position in which they would always be if Parliaments were annual; so that, if the term were very brief, there would virtually be annual Parliaments during a great proportion of all time. As things now are, the period of seven years, though of unnecessary length, is hardly worth altering for any benefit likely to be produced, especially since the possibility, always impending, of an earlier dissolution keeps the motives for standing well with constituents always before the member’s eyes.
Whatever may be the term most eligible for the duration of the mandate, it might seem natural that the individual member should vacate his seat at the expiration of that term from the day of his election, and that there should be no general renewal of the whole House. A great deal might be said for this system if there were any practical object in recommending it. But it is condemned by much stronger reasons than can be alleged in its support. One is, that there would be no means of promptly getting rid of a majority which had pursued a course offensive to the nation. The certainty of a general election after a limited, which would often be a nearly expired period, and the possibility of it at any time when the minister either desires it for his own sake, or thinks that it would make him popular with the country, tend to prevent that wide divergence between the feelings of the assembly and those of the constituency, which might subsist indefinitely if the majority of the House had always several years of their term still to run if it received new infusions drop by drop, which would be more likely to assume than to modify the qualities of the mass they were joined to. It is as essential that the general sense of the House should accord in the main with that of the nation as is that distinguished individuals should be able, without forfeiting their seats, to give free utterance to the most unpopular sentiments. There is another reason, of much weight, against the gradual and partial renewal of a representative assembly. It is useful that there should be a periodical general muster of opposing forces to gauge the state of the national mind, and ascertain, beyond dispute, the relative strength of different parties and opinions. This is not done conclusively by any partial renewal, even where, as in some of the French constitutions, a large fraction a fifth or a third—go out at once.
The reasons for allowing to the executive the power of dissolution will be considered in a subsequent chapter, relating to the constitution and functions of the executive in a representative government.
AFTER HOW LONG A TERM should members of Parliament be subject to re-election? The principles involved are here very obvious; the difficulty lies in their application. On the one hand, the member ought not to have so long a tenure of hi seat as to make him forget his responsibility, take his duties easily, conduct them with a view to his own personal advantage, or neglect those free and public conferences with his constituents which, whether he agrees or differs with them, are one of the benefits of representative government. On the other hand, he should have such a term of office to look forward to as will enable him to be judged, not by a single act, but by his course of action. It is important that he should have the greatest latitude of individual opinion and discretion compatible with the popular control essential to free government; and for this purpose it is necessary that the control should be exercised, as in any case it is best exercised, after sufficient time has been given him to show all the qualities he possesses, and to prove that there is some other way than that of a mere obedient voter and advocate of their opinions, by which he can render himself, in the eyes of his constituents, a desirable and creditable representative. It is impossible to fix, by any universal rule, the boundary between these principles. Where the democratic power in the constitution is weak or over-passive, and requires stimulation; where the representative, on leaving his constituents, enters at once into a courtly or aristocratic atmosphere, whose influences all tend to deflect his course into a different direction from the popular one, to tone down any democratic feelings which he may have brought with him, and make him forget the wishes and grow cool to the interests of those who chose him, the obligation of a frequent return to them for a renewal of his commission is indispensable to keeping his temper and character up to the right mark. Even three years, in such circumstances, are almost too long a period, and any longer term is absolutely inadmissible. Where, on the contrary, democracy is the ascendant power, and still tends to increase, requiring rather to be moderated in its exercise than encouraged to any abnormal activity; where unbounded publicity, and an ever-present newspaper press give the representative assurance that his every act will be immediately known, discussed, and judged by his constituents, and that he is always either gaining or losing ground in the estimation, while, by the same means, the influence of their sentiments, and all other democratic influences, are kept constantly alive and active in his own mind, less than five years would hardly be a sufficient period to prevent timid subserviency. The change which has taken place in English politics as to all these features explains why annual Parliaments, which forty years ago stood prominently in front of the creed of the more advanced reformers, are so little cared for and so seldom heard of at present. It deserves consideration that, whether the term is short or long, during the last year of it the members are in position in which they would always be if Parliaments were annual; so that, if the term were very brief, there would virtually be annual Parliaments during a great proportion of all time. As things now are, the period of seven years, though of unnecessary length, is hardly worth altering for any benefit likely to be produced, especially since the possibility, always impending, of an earlier dissolution keeps the motives for standing well with constituents always before the member’s eyes.
Whatever may be the term most eligible for the duration of the mandate, it might seem natural that the individual member should vacate his seat at the expiration of that term from the day of his election, and that there should be no general renewal of the whole House. A great deal might be said for this system if there were any practical object in recommending it. But it is condemned by much stronger reasons than can be alleged in its support. One is, that there would be no means of promptly getting rid of a majority which had pursued a course offensive to the nation. The certainty of a general election after a limited, which would often be a nearly expired period, and the possibility of it at any time when the minister either desires it for his own sake, or thinks that it would make him popular with the country, tend to prevent that wide divergence between the feelings of the assembly and those of the constituency, which might subsist indefinitely if the majority of the House had always several years of their term still to run if it received new infusions drop by drop, which would be more likely to assume than to modify the qualities of the mass they were joined to. It is as essential that the general sense of the House should accord in the main with that of the nation as is that distinguished individuals should be able, without forfeiting their seats, to give free utterance to the most unpopular sentiments. There is another reason, of much weight, against the gradual and partial renewal of a representative assembly. It is useful that there should be a periodical general muster of opposing forces to gauge the state of the national mind, and ascertain, beyond dispute, the relative strength of different parties and opinions. This is not done conclusively by any partial renewal, even where, as in some of the French constitutions, a large fraction a fifth or a third—go out at once.
The reasons for allowing to the executive the power of dissolution will be considered in a subsequent chapter, relating to the constitution and functions of the executive in a representative government.