Change of Power

Change of Power in the English System in United Kingdom

History

One of the most difficult problems of government is how to provide for the devolution of political power, and perhaps no other question is so generally and justly applied as the test of a working constitution. If the transmission works smoothly, the constitution, whatever may be its other defects, may at least be pronounced stable. It would be tedious to enumerate all the contrivances which this problem has suggested to political societies. Here, as usual, oriental despotism stands at the bottom of the scale. When sovereign power is imputed to one family, and the law of succession fails to designate exclusively the individual entitled to succeed, assassination becomes almost a necessary measure of precaution. The prince whom chance or intrigue has promoted to the throne of a father or an uncle must make himself safe from his relatives and competitors. Hence the scenes which shock the European conscience when “Amurath an Amurath succeeds.”

The strong monarchical governments of Europe have been saved from this evil by an indisputable law of succession, which marks out from his infancy the next successor to the throne. The king names his ministers, and the law names the king. In popular or constitutional governments far more elaborate precautions are required. It is one of the real merits of the English constitution that it has solved this problem—in a roundabout way perhaps, after its fashion—but with perfect success. The ostensible seat of power is the throne, and down to a time not long distant the demise of the crown suspended all the other powers of the state. In point of fact, however, the real change of power occurs on a change of ministry. The constitutional practice of the 19th century settled, beyond the reach of controversy, the occasions on which a ministry is bound to retire. It must resign or dissolve when it is defeated (a government “defeat” may, of course, not really represent a hostile vote in exceptional cases, and in some instances a government has obtained a reversal of the vote and has not resigned) in the House of Commons, and if after a dissolution it is beaten again, it must resign without alternative. It may resign if it thinks its majority in the House of Commons not sufficiently large. The dormant functions of the crown now come into existence.

It receives back political power from the old ministry in order to transmit it to the new. When the new ministry is to be formed, and how it is to be formed, is also clearly settled by established practice. The outgoing premier names his successor by recommending the king to consult him; and that successor must be the recognized leader of his successful rivals. All this is a matter of custom, not of law; and it is doubtful if any two authorities could agree in describing the custom in language of precision. In theory the monarch may send for any one he pleases, and charge him with the formation of a government; but the ability to form a government restricts this liberty to the recognized head of a party, subject to there being such an individual. It is certain that the intervention of the crown facilitates the transfer of power from one party to another, by giving it the appearance of a mere change of servants. The real disturbance is that caused by the appeal to the electors. A general election is always a struggle between the great political parties for the possession of the powers of government. It may be noted that modern practice goes far to establish the rule that a ministry beaten at the hustings should resign at once without waiting for a formal defeat in the House of Commons.

The English custom makes the ministry dependent on the will of the House of Commons; and, on the other hand, the House of Commons itself is dependent on the will of the ministry. In the last result both depend on the will of the constituencies, as expressed at the general election. There is no fixity in either direction in the tenure of a ministry. It may be challenged at any moment, and it lasts until it is challenged and beaten. And that there should be a ministry and a House of Commons in harmony with each other but out of harmony with the people is rendered all but impossible by the law and the practice as to the duration of parliaments.(1)

Resources

Notes and References

  1. Encyclopedia Britannica (1911)

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