Proportional Representation Applied To Party Government: A New Electoral System

T. R. Ashworth, Henry‏ Ashworth

Proportional Representation Applied To Party Government

A New Electoral System

EAN 8596547211846

DigiCat, 2022

Contact: [email protected]

Table of Contents

PREFACE.

CHAPTER I.

CHAPTER II.

CHAPTER III.

CHAPTER IV.

BALLOT PAPER

Ministerialists.Oppositionists.

CHAPTER V.

CHAPTER VI.

CHAPTER VII.

CHAPTER VIII.

CHAPTER IX.

CHAPTER X.

CHAPTER XI.

PREFACE.

Table of Contents

The subject of electoral reform has been brought into prominence in Australia by a clause in the Commonwealth Bill which provides that the Federal Senate shall consist of six senators from each State, directly chosen by the people, voting as one electorate. The problem thus presented has been keenly discussed. On the one hand we have the advocates of the Block Vote asserting that the party in a majority is entitled to return all six senators; and on the other, a small band of ardent reformers pressing the claims of the Hare system, which would allow the people in each State to group themselves into six sections, each returning one senator. The claim that every section of the people is entitled to representation appears at first sight so just that it seems intolerable that a method should have been used all these years which excludes the minority in each electorate from any share of representation; and, of course, the injustice becomes more evident when the electorate returns several members. But in view of the adage that it is the excellence of old institutions which preserves them, it is surely a rash conclusion that the present method of election has no compensating merit. We believe there is such a merit—namely, that the present method of election has developed the party system. Once this truth is grasped, it is quite evident that the Hare system would be absolutely destructive to party government, since each electorate would be contested, not by two organized parties, but by several groups. For it is precisely this splitting into groups which is causing such anxiety among thoughtful observers as to the future of representative institutions; Mr. Lecky has attributed to it, in his Democracy and Liberty, the decline in the parliamentary system which has accompanied the progress of democracy all over the world. The object of this book is to suggest a reform, which possesses the advantages of both methods and the disadvantages of neither; which will still ensure that each electorate is contested by the two main parties, but will allow its just share of representation to each; and which will, by discouraging the formation of minor groups, provide a remedy for the evil instead of aggravating it.

T.R.A.

H.P.C.A.

325 COLLINS STREET, MELBOURNE.

PROPORTIONAL REPRESENTATION APPLIED TO PARTY GOVERNMENT.

Table of Contents

CHAPTER I.

Table of Contents

THE TRUE PRINCIPLES OF POLITICAL REPRESENTATION.

Old establishments, like the British Constitution, said Edmund Burke, are not often constructed after any theory; theories are rather drawn from them. In setting out on an endeavour to understand the principles underlying political representation, the saying expresses exactly the course which should be followed. The inquiry is the more necessary as, although representation more than anything else in the domain of government distinguishes the modern from the ancient world, the ideas which prevail as to the part it has played, is playing, and is destined to play on the world's stage are not merely hazy, but extremely inaccurate. The intimate connection of representation with the progress which has followed its introduction is so little recognized that the most advanced democracies are now willing to listen to any proposal to return to direct government. In spite of the fact that the nineteenth century has witnessed the triumph of the historical method in most fields of social inquiry, the dangers of a priori speculation on political institutions are as much in evidence as when Burke wrote.

If we would understand, then, the meaning of representative institutions, it is in the gradual development of the mother of parliaments that we must seek for the most reliable information. We must be careful, however, to leave out of sight those features of the growth of the British Constitution which are merely the expression of transitory social conditions, and to confine our attention to the landmarks which bear directly on the inquiry. The subject is best divided into two stages; the first characterized by the origin of representation; and the second by the division into parties, and the creation of cabinet government.

The First Stage of Representation.—Rightly to understand the conditions which led to the introduction and development of the representative principle, we must look back to the period immediately following the signing of the Great Charter by the tyrant King John.

The Charter reaffirmed the ancient principle that free Englishmen should not be taxed without their consent, and representation was the natural outcome of that provision. A brief glance at the social conditions of the time is necessary to understand why this was so. First, it must be remembered that the true political unit of ancient times was the city or local community. England at that time was a collection of local communities, having more or less a corporate life. Then, again, there were the three estates of the realm—the clergy, the lords, and the commons—who were accustomed to confer with the King on public affairs. The stage which marks the birth of representation was when these different estates and communities were asked to tax themselves to relieve the necessities of the King. It was obviously impossible that the consent of every freeman should be obtained, hence the duty had to be deputed to agents. Now, the idea of agency was not unknown in the ancient world, but that agents should have power to bind those for whom they acted was something entirely new. It was necessary, however, that they should have this power, and it suited the King's convenience that they should exercise it. Already, in the earliest writ of which we have knowledge, summoning each shire to send two good and discreet knights, it was provided that they should be chosen in the stead of each and all. This happened in 1254, and in the following year the clergy were also summoned for the same purpose of granting aid to the King. In the meantime the merchants and trade guilds in the cities were growing rich. The King cast longing eyes on their possessions, and wished to tax them. So we find that in 1264 Simon de Montfort, Earl of Leicester, issued the celebrated writ summoning each of the cities and boroughs to send two of its more discreet and worthy citizens and burgesses. This is sometimes regarded as the beginning of the House of Commons, but it was really not until the fourteenth century that these several assemblies, each of which up till then taxed itself separately and legislated in its own sphere, coalesced into the present Houses. First the lower clergy fell out, and, with the knights, citizens, and burgesses, were merged into the House of Commons; and the higher prelates with the earls and barons formed the House of Lords.

This, then, is the first stage of representation. What was the nature of this new force which had come into the world and was destined to so profoundly affect the whole course of human affairs? One result of immense importance is apparent at a glance. It solved a problem which had baffled the ancients—that of the nationalization of local communities on a free basis. But it is generally assumed that the only difficulty overcome was that of size; that the representative assembly is a mere substitute for the larger assembly of the whole nation. Starting with this assumption, it is claimed that the representative assembly should be a mirror of the people on a small scale, and the more faithfully it reflects their faults as well as their virtues, their ignorance as well as their intelligence, the more truly representative it is said to be. It is even asserted that with the modern facilities for taking a poll, representative government might be dispensed with and the people allowed to govern themselves. Democracy, we are assured, means that every man should exercise an equality of political power. Now, if this conception is correct, we should at once insist that every law should be submitted to a direct referendum of the people; that legislators should be mere agents for drawing up laws; and that the executive should be directly responsible to and elected by the people. But if representation is not a mere substitute for the direct action of the people this idea as to the true line of democratic progress falls to the ground. The whole question, therefore, hinges on what representation is and what are the principles underlying it.

Looking back to the history of its introduction, we have seen that it was only in proportion as the deputies of the local communities were not regarded as delegates or agents that they became representatives. Professor E. Jenks has written an interesting article in the Contemporary Review for December, 1898, in which he advances the theory that representation is a union of the ideas of agency, borrowed from the Roman law, and of vicarious liability from barbaric sources. As to the latter he points out that in Anglo-Saxon times the only way for the King to control the free local communities was to exact hostages till crimes were punished or fines paid. In England, where these ideas were combined, constitutional monarchy was firmly established; but in France, Germany, etc, in whose medieval parliaments the idea of agency prevailed, and where in consequence the parliamentary idea was weak, absolute monarchy held its ground. When Edward I. desired for purposes of his own to emphasize the unlimited liability of political representatives, and insisted that they should have full and sufficient power to do what of common council shall be ordained, he probably never realized that a body having power to bind the shires and towns was a formidable institution, or that the trembling hostages would become in time haughty plenipotentiaries. But whatever may have been the social conditions which gave rise to the idea, it is certain that it was the power of binding those to whom they owed their selection which enabled the representatives to resist the encroachments of the monarchy on the liberties of the people. At first they were not legislators, but merely sought to uphold the ancient laws. They presented petitions to redress their grievances; but in time these petitions became demands; and they refused to grant the King's subsidies till the demands were complied with. It was, therefore, this first stage of representation which enabled the people to start that long struggle against the power of the King and nobles which has ended in complete self-government; nay, more, it was necessary that they should pass through this first stage before they could learn to govern themselves. Yet we have seen that if we apply the modern ideas on representation the start could never have been made. In what respects, then, did these early representative institutions differ from the modern conception as a reproduction of the people on a small scale? One obvious difference at once suggests itself. The representatives were not average members of the communities; they were the most influential; they were selected because of their special fitness for the work to be done; they were leaders of the people, not followers; they did not take inspiration from the people, but brought it to them; and having selected these men the people deferred to their judgment to act for them and protect their interests. Here, then, we arrive at the first principle involved in representation, which is leadership.

But there is another and still more important difference between a representative assembly and a primary assembly of the people. It is this: that a representative cannot be a violent partisan of a small section of his constituents; he must be in general favour with all sections. Therefore a representative assembly is composed of moderate men, representing a compromise of the views of their individual supporters. Moreover, the representatives appeal to the people to sink their minor differences for the general welfare. This feature is very prominent in the early parliaments. The local communities were arrayed as a united people against the aggression of the monarchy. The principle which is here apparent is that of organization. In the first stage of English parliamentary history we may say at once that these two principles—organization and leadership—were most conspicuous. The people, sinking all minor differences, formed one united party; and recognised that their struggle against the party of prerogative depended on the ability, influence, and integrity of their deputies.

The Second Stage of Representation.—There is no need to enter into that long struggle between the nation and the monarchy which followed. We pass on, then, to the time when the parliaments, having wrested a share of power, began to split up into parties. It was natural that when power became divided two parties should arise; one upholding the authority of the Parliament against the King; and the other favouring the divine right of Kings. The Puritans and Cavaliers in the troublous times of Charles I. were the earliest signs of this tendency. The Long Parliament, which met in 1640, was divided on these lines; the misdemeanors of the King brought on civil war; the parliamentary troops defeated the royal troops after a bloody struggle; and the King was brought to execution. The succeeding events were full of instruction. The Parliament attempted to govern the nation—or, rather, we should say the House of Commons did, for the House of Lords was abolished. But it proved quite unfit for the purpose. It was thoroughly disorganized, and rent by violent factions. The anarchy which ensued was ended by a military despot, Oliver Cromwell, who entered the House of Commons in 1653 with his soldiers. The Speaker was pulled from his chair; the members were driven from the House; and Cromwell was proclaimed dictator. It is strange, indeed, that the lesson which is to be drawn from this event, and which has been repeated in France time after time since the Revolution, has not yet been learned: the only escape from continued political anarchy is despotism. But the weakness of despotism is that it ends with the life of the despot. Cromwell's son was forced to abdicate, and the monarchy was restored. The same division of parties in the Parliament continued, and they began to take the names of Whigs and Tories. Towards the end of the seventeenth century, the dissensions of these two factions again threatened to make government impossible. In administration the evil was felt most; the union of ministers of both parties was proving unworkable. So fickle did legislation become that no one could say one day what the House would do the next. It was at this crisis, and about the year 1693, that William III., who cared more for a strong administration than for political differences, created what is known as cabinet government, and, as Professor Gardiner says, refounded the government of England on a new basis. Recognizing that power should not be separated from responsibility, he affirmed the principle that the ministers of state should be selected from the party which had a majority in the House of Commons. But the time was not yet ripe for the complete application of this principle. Early in the eighteenth century Sir Robert Walpole set the example of resigning when he no longer possessed the confidence of a majority of the House of Commons; but in the latter half of the century the great Earl of Chatham introduced again the practice of selecting ministers irrespective of party. Despite the fact that he was supported by the personal influence of George III., the attempt failed. A succession of weak ministries followed; and out of the confusion the modern division of Liberals and Conservatives emerged. Thus it was not until the beginning of the present century that the doctrines of the solidarity of the Cabinet and its complete dependence on a majority of the House