Proportional Representation Applied To Party Government.
by T. R. Ashworth and H. P. C. Ashworth.
PREFACE.
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 a.s.serting that the party in a majority is ent.i.tled 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 ent.i.tled 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 inst.i.tutions 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 inst.i.tutions; 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.
CHAPTER I.
THE TRUE PRINCIPLES OF POLITICAL REPRESENTATION.
Old establishments, like the British Const.i.tution, 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 inst.i.tutions are as much in evidence as when Burke wrote.
If we would understand, then, the meaning of representative inst.i.tutions, 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 Const.i.tution 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 a.s.semblies, 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 a.s.sumed that the only difficulty overcome was that of size; that the representative a.s.sembly is a mere subst.i.tute for the larger a.s.sembly of the whole nation.
Starting with this a.s.sumption, it is claimed that the representative a.s.sembly 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 a.s.serted 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 a.s.sured, 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 subst.i.tute 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, const.i.tutional monarchy was firmly established; but in France, Germany, &c, 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 inst.i.tution, 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 pet.i.tions to redress their grievances; but in time these pet.i.tions 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 n.o.bles which has ended in complete self-government; nay, more, it was necessary that they should pa.s.s 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 inst.i.tutions 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 a.s.sembly and a primary a.s.sembly of the people. It is this: that a representative cannot be a violent partisan of a small section of his const.i.tuents; he must be in general favour with all sections. Therefore a representative a.s.sembly 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 pa.s.s 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 b.l.o.o.d.y 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 of Commons were thoroughly developed in their present form. England, now grown into the United Kingdom, had at last, after six centuries of strife, won her national independence, and for one brief century has enjoyed a full measure of self-government.
+Comparison of the Two Stages.+--How do the conditions presented by the nineteenth century differ from those of the fourteenth? And how is the problem of representation affected? We have seen that the great forces which animated the nation in the fourteenth century were organization and leadership. Have these forces ceased to operate? a.s.suredly not. In the fourteenth century we had a united people organized under its chosen leaders against the encroachments of the King and n.o.bility on its national liberty. In the nineteenth century the people have won their political independence, but the struggle is now carried on between two great organized parties. The principle of leadership is still as strong as ever. The careers of Pitt, Peel, Palmerston, Beaconsfield, and Gladstone attest that fact. The one great difference, then, between the fourteenth and the nineteenth centuries is that instead of one party there are two. The problem of representation in the fourteenth century was to keep the people together in one united party, and to allow them to select their most popular leaders. Surely the problem is different in the nineteenth century. The requirements now are to organize the people into two great parties, and to allow each party separately to elect its most popular leaders. And yet we are still using the same method of election as our forefathers used six centuries ago. Although the conditions have entirely changed, we have not adapted the electoral machinery to the change. The system of single-membered electorates was rational in the fourteenth century, because there was only one party. Is it not on the face of it absurd to-day, when there are two parties?
+The Meaning of Party Government.+--Why should there be two parties instead of one in order that the people should be able to govern themselves? To answer this question we must start at the beginning, and consider what is the problem of popular government. The best definition is that it is to promote the general welfare--to reconcile or average the real interests of all sections of the community. Now, if the people could all agree what is best in the interests of all, unity of action might certainly be obtained; but even then the problem would not be solved, for the people are not infallible. The greater part of the problem consists in finding out what is best in the interests of all, and no amount of mere abstract speculation can solve this part. So diverse and so complex are the interests to be reconciled, so interwoven and interdependent one with another, that the problem of securing a just balance is incapable of solution by anything short of omniscience. But in any case the people cannot be always got to agree to one course of action. Therefore the people cannot govern themselves as one united party. The only workable basis is, then, the rule of the majority, and the problem of popular government is how to ensure that the majority shall rule in the interests of all.
Party government provides the best known means of solving this problem.
The only way of finding out what is best for the whole people is by the incessant action and interaction of two great organized parties under their chosen leaders; each putting forth its energies to prove its fitness to hold the reins of government; each anxious to expose the defects of the other. This healthy emulation as to what is best for all, with the people to judge, is the real secret of free government. The two parties are virtually struggling as to which shall be king. Each is striving to gain the support of a majority of the people; and the grounds on which it appeals for support are that the measures it proposes are the best for the country, and that the men it puts forward are the best men for pa.s.sing those measures into law and carrying on the administration of the country. This constant agitation, and this mutual compet.i.tion to devise new measures, and to bring forward new men, prevent stagnation. Both sides of every leading public question of the day are presented in the rival party policies, and the people are invited to decide between them. The forces on which the parties rely to move the people are enthusiasm for measures and enthusiasm for men--party and personality, or, in other words, organization and leadership. It is in opposing these forces to counteract the selfish and anti-social pa.s.sions that party government acquires its virtue. By appealing to their higher nature it induces the people to subordinate their cla.s.s prejudices to the general welfare, and by setting before them definite moral ideals, and appealing to them by the force of personality, it raises the character of public opinion, and moulds individual and national character to an extent that is seldom appreciated. Here, then, is the key of human progress. Direct democracies may hold together so long as there are external enemies to induce the people to sink their differences in the common interest, or so long as there is a slave caste to do the menial work, as in the ancient democracies; but representative democracy offers the only hope of welding together a free people into a united whole. The unrestrained rule of the majority under direct democracy must degenerate into the tyranny of the majority. Instead of the equality of political power which it promises, the minority is deprived of all power. Representative democracy, on the other hand, deprives the people of the personal exercise of political power, in order to save them from the free play of their self-a.s.sertive pa.s.sions, but still leaves to every man an equality of influence in deciding the direction of progress. Thus every man is induced to express his opinion as to the direction of progress; and the party policy is the resultant direction of progress of all the party electors, and therefore represents their organized opinion. Now, bear in mind that the true direction of progress is not known, and can only be found out by constant experiment directed by the most far-seeing and capable minds. It is the means of carrying on this experiment which party government provides. The party representing the organized opinion of the majority has, rightly, complete control of the direction of progress so long as it remains in a majority. But, although deliberation is the work of many, execution is the work of one. Hence the creation of a small committee of the party in power--the cabinet--a.s.sociated with the leader of the party, who becomes for the time being the Prime Minister, the cabinet ministers being jointly responsible for the control of administration and the initiation of measures for the public good. But an organized minority is quite as essential to progress as an organized majority--not merely to oppose, but to criticise and expose the errors of the party in power, and to supplant it when it ceases to possess the confidence of the country. Hence progress under party government may be compared to a zigzag line, in which the changes in direction correspond to changes in ministry. By this mutual action and alternation of parties every vote cast has, in the long run, an equal influence in guiding progress. The only justification for majority rule sanctioned by free government is that when two parties differ as to what is best for the whole people the majority shall prevail, and party government tends to realize this condition. But direct government by the people offers no check whatever on the power of the majority, which is as absolute as that of the Czar of Russia. As Calhoun, the American statesman, writes in his "Disquisition on Government," "the principle by which const.i.tutional governments are upheld, is _compromise_, that of absolute governments is _force_!" Now, the significance of party government as a guarantee of free government lies in this: that party policies represent a compromise of what every section composing each party supposes to be the interests of the whole people; and the parties are engaged in fighting out a compromise of the real interests of every section of the people.
Lest it be thought that in this panegyric on party government we have been indulging in a wild flight into the region of speculative politics, we hasten to add that the ideal condition we have pictured has never been reached. The British Parliament has perhaps most nearly approached it, but already shows signs of retrogression. America and the Australian colonies are drifting further away from it. Already political philosophers are shaking their heads and predicting the failure of popular government. The cry everywhere is for a stronger executive.
Party organization is breaking down; small factions actuated by self-interest hold the balance of power between the main parties, and render government unstable and capricious. The main parties themselves tend to degenerate into factions. Personality is declining--the demand is for followers, not leaders. Compromise is supplanted by log-rolling and lobbying. And, to crown all, the rumbling of cla.s.s strife grows ominously louder. The danger is that these tendencies may be allowed to go too far before reform is attempted--that the confidence between cla.s.ses may be destroyed.
+Organization and Leadership.+--We have shown that the two great principles underlying representation are organization and leadership.
Now, after all, there is nothing very profound in this conclusion. Is there a single department of concerted human action in which these same principles are not apparent? What would be thought of an army without discipline and without generals; or of a musical production in which every performer played his own tune? Even in the region of sport, can a cricket or a football team dispense with its captain and its places? And yet many people imagine that a disorganized collection of delegates of various sections can rule a nation? Such an a.s.sembly would be as much a mob as any primary a.s.sembly of the people, and would in no sense be a representative a.s.sembly. The fact is that the growing intensity of the evils which beset representative inst.i.tutions throughout the civilized world to-day is due to imperfect expression of these two principles.
Representative a.s.semblies are not properly organized into two coherent parties, nor is each party allowed free play to select its most popular leaders. What is the remedy?
+A Change in Electoral Machinery the Key to Reform.+--The great mistake made by all writers on electoral reform is that they have failed to recognize that the character of public opinion depends upon the way it is expressed. If the electoral machinery be adapted to give effect to those principles of organization and leadership which lie at the root of representation, then the character of public opinion will be improved.
Representation, in fact, is not only a means of expressing public opinion, but also of guiding, informing, educating, and organizing it.
Therefore, the method of election is an all-important factor.
The first and greatest necessity is to counteract the tendency of the people to split up into factions. It may seem a startling conclusion that this is a mere matter of electoral machinery, but it is nevertheless quite true. It must be remembered that we are dealing with human beings and not with insentient figures. If the method of election allows representation to two sections only, the people will group themselves into two sections. But if it allows representation to a large number of sections, then the people will group themselves into as many sections as are allowed. Now, party government offers every hope of preventing two sections degenerating into factions, but with a number of sections there is absolutely none.
Here, then, we see the one great merit of the present system of election, which explains why it has persisted so long, with all its faults. It is that it tends to confine representation to the two main parties, since each electorate is generally contested by them; but in so far as it does not completely effect that object and allows representation to independent factions it is defective. Moreover, the merit we have indicated is purchased at too high a price. It is these defects which are causing the degradation of representative inst.i.tutions throughout the world to-day.
It is obviously impossible to give a just share of representation to two parties and allow each party to elect its most popular leaders, in an electorate which returns only a single representative. Hence the first necessity for reform is to enlarge electorates, so that each may return several representatives. Now, the requirements for giving effect to the principles of organization and leadership in such an electorate are:--
1. Proportional representation to the two main parties--Ministerial and Opposition, the majority and the minority.
2. The election by each party of its most popular candidates--_i.e._, those most in general favour with all sections of the party.
This is the problem of representation as it presents itself to us.
Leaving a detailed account of the means by which it is proposed to give effect to these great desiderata to a later chapter, let us indicate briefly where they strike at the root of the evils of the present system.
+Enlarged Electorates.+--With enlarged electorates the minority will not be excluded. Each party will secure its just share of representation.
When both parties are represented in each electorate the interests of the electorate will not be bargained for as the price of support.
Members will cease to be mere local delegates.
+Proportional Representation to the Two Main Parties.+--Representation must be absolutely confined to the two main parties, and each party must be allowed its just share. Every candidate should be required to nominate either as a Ministerialist or Oppositionist, and each party should be allotted a number of representatives proportional to the total amount of support received. If democracy means that every man"s opinion, as expressed by his vote, is to have the same weight, it follows that the parties should be represented in the Legislature in the same proportion as among the people, otherwise it is ridiculous to talk of the rule of the majority. The present system sometimes results in minority rule and sometimes in minority extermination; it is difficult to say which alternative is the worse.
+Election of its Most Popular Candidates by each Party.+--It would be little use to confine representation to the two main parties if the parties were allowed to split up into factions. The only way to prevent this is to provide such electoral machinery as will ensure the return of the candidates most in general favour with all sections, and will exclude the favourites of sections within the party. This distinction is vital. The general favourite is a representative; the favourite of a faction is a delegate. A representative is not only independent of any one section, but if he does favour a faction he will sink in general favour. He therefore represents a compromise of the demands of all sections. But a delegate is the mouthpiece of a faction--a follower, not a leader of the people.
No section will be disfranchised by this proposal, for the true function of all minor sections is to influence the policies of the two main parties. Thus every section will be proportionally represented in one or the other policy and by all the party candidates. Not only will each party be proportionally represented but all the sections which compose each party will be proportionally represented in its policy.
This is the only true meaning of proportional representation.