78. The Cabinet's Central Position.—In the English governmental system the cabinet is in every sense the keystone of the arch. Its functions are both executive and legislative, and indeed, to employ the figure of Bagehot, it comprises the hyphen that joins, the buckle that fastens, the executive and the legislative departments together.[102] As has been pointed out, the uses of the crown are by no means wholly ornamental. None the less, the actual executive of the nation is the cabinet. It is within the cabinet circle that administrative policies are decided upon, and it is by the cabinet ministers and their subordinates in the several departments that these policies, and the laws of the land generally, are carried into effect. On the other side, the cabinet members not only occupy seats in one or the other of the houses of Parliament; collectively they direct the processes of legislation. They—primarily the prime minister—prepare the Speech from the Throne, in which at the opening of a parliamentary session the state of the country is reviewed and a programme of legislation is outlined. They formulate, introduce, explain, and advocate needful legislative measures upon all manner of subjects; and although bills may be submitted in either house by private members it is a recognized principle that all measures of large importance shall emanate directly or indirectly from the cabinet. Statistics demonstrate that measures introduced by private members have but an infinitesimal chance of enactment.
In effect, the cabinet comprises a parliamentary committee chosen, as Bagehot bluntly puts it, to rule the nation. If a cabinet group does not represent the ideas and purposes of Parliament as a whole, it at least represents those of the majority of the preponderating chamber; and that is ample to give it, during the space of its tenure of office, a thoroughgoing command of the situation. The basal fact of the political system is the control of party, and within the party the power that governs is the cabinet. "The machinery," says Lowell, "is one of wheels within wheels; the outside ring consisting of the party that has a majority in the House of Commons; the next ring being the ministry, which contains the men who are most active within that party; and the smallest of all being the cabinet, containing the real leaders or chiefs. By this means is secured that unity of party action which depends upon placing the directing power in the hands of a body small enough to agree, and influential enough to control."[103]
CHAPTER IV
PARLIAMENT: THE HOUSE OF COMMONS
79. Antiquity and Importance.—The British Parliament is at once the oldest, the most comprehensive in jurisdiction, and the most powerful among modern legislative assemblages. In structure, and to some extent in function, it is a product, as has appeared, of the Middle Ages. The term "parliament," employed originally to denote a discussion or conference, was applied officially to the Great Council in 1275;[104] and by the opening of the fourteenth century the institution which the English know to-day by that name had come clearly into existence, being then, indeed, what technically it still is—the king and the three estates of the realm, i.e., the lords spiritual, the lords temporal, and the commons. During upwards of a hundred years the three estates sat and deliberated separately. By the close of the reign of Edward III. (1327–1377), however, the bicameral principle had become fixed, and throughout the whole of its subsequent history (save during the Cromwellian era of experimentation) Parliament has comprised uninterruptedly, aside from the king, the two branches which exist at the present time, the House of Lords and the House of Commons, or, strictly, the Lords of Parliament and the Representatives of the Commons.
The range of jurisdiction which, step by step, these chambers, both separately and conjointly, have acquired has been broadened until, so far as the dominions of the British crown extend, it covers all but the whole of the domain of human government. And within this enormous expanse of political control the competence of the chambers knows, in neither theory nor fact, any restriction. "The British Parliament, … " writes Mr. Bryce, "can make and unmake any and every law, change the form of government or the succession to the crown, interfere with the course of justice, extinguish the most sacred private rights of the citizen. Between it and the people at large there is no legal distinction, because the whole plenitude of the people's rights and powers resides in it, just as if the whole nation were present within the chamber where it sits. In point of legal theory it is the nation, being the historical successor of the Folk Moot of our Teutonic forefathers. Both practically and legally, it is to-day the only and the sufficient depository of the authority of the nation; and it is therefore, within the sphere of law, irresponsible and omnipotent."[105] Whether the business in hand be constituent or legislative, whether ecclesiastical or temporal, the right of Parliament—or, more accurately "the King in Parliament"—to discuss and to dispose is indisputable.
I. The House of Commons Prior to 1832
80. Present Ascendancy.—Legally, as has been explained, Parliament consists of the king, the lords spiritual, the lords temporal, and the commons. For practical purposes, however, it is the House of Commons alone. "When," as Spencer Walpole wrote a quarter of a century ago, "a minister consults Parliament he consults the House of Commons; when the Queen dissolves Parliament she dissolves the House of Commons. A new Parliament is simply a new House of Commons."[106] The gathering of the "representatives of the commons" at Westminster is, and has long been, without question the most important agency of government in the kingdom. The House of Commons consists at the present day of 670 members, of whom 465 sit for English constituencies, 30 for Welsh, 72 for Scottish, and 103 for Irish. Nine of the members are chosen, under somewhat special conditions, by the universities, but the remaining 661 are elected in county or borough constituencies under franchise arrangements, which, while based upon residence and property qualifications, fall not far short of manhood suffrage. The chamber is at the same time the preponderating repository of power in the national government and the prime organ of the popular will. It is in consequence of its prolonged and arduous development that Great Britain has attained democracy in national government; and the influence of English democracy as actualized in the House of Commons upon the political ideas and the governmental agencies of the outlying world, both English-speaking and non-English-speaking, is simply incalculable.
81. Undemocratic Character at the Opening of the Nineteenth Century.—"The virtue, the spirit, the essence of the House of Commons," once declared Edmund Burke, "consists in its being the express image of the nation." In the eighteenth century, however, when this assertion was made, the House of Commons was, in point of fact, far from constituting such an "image." Until, indeed, the nineteenth century was well advanced the nominally popular parliamentary branch was in reality representative, not of the mass of the nation, but of the aristocratic and governing elements, at best of the well-to-do middle classes; and a correct appreciation of the composition and character of the chamber as it to-day exists requires some allusion to the process by which its democratization was accomplished. In 1832—the year of the first great Reform Act—the House of Commons consisted of 658 members, of whom 186 represented the forty counties and 472 sat for two hundred three boroughs. The apportionment of both county and borough members was haphazard and grossly inequitable. In the Unites States, and in many European countries, it is required by constitutional provision that following a decennial census there shall be a reapportionment of seats in the popular legislative chamber, the purpose being, of course, to preserve substantial equality among the electoral constituencies and, ultimately, an essential parity of political power among the voters. At no time, however, has there been in Great Britain either legislation or the semblance of a tradition in respect to this matter. Reapportionment has taken place only partially and at irregular intervals, and at but a few times in the history of the nation have constituencies represented at Westminster been even approximately equal. Save that, in