CHAPTER XIX

THE DISSOLUTION OF PARLIAMENT

1

By the Parliament Act, 1911, five years is the time fixed for the

maximum duration of a Parliament. It ceases to exist after five years

from the day on which it is summoned to meet by Royal Proclamation, if

it is not brought to an earlier end by the defeat of the Government on

a vital question of policy, followed by a dissolution.

Before the Revolution of 1688 the life of a Parliament could be

terminated only in one of two ways--by the will of the Sovereign or

by his death. In the opinion of the Stuarts the purpose of Parliament

was rather to carry out the behests of the King than to advise him

in matters relating to the government and well-being of the Realm.

Parliament was retained in being as long as it suited the King, or was

dismissed summarily and abruptly at any time, if it so pleased his

Royal will and pleasure. Furthermore, it was held that as Parliament

was summoned to meet by the King, his decease necessarily brought it to

an end. The Sovereign, alive or dead, has not for many years exercised

so supreme an influence on the existence of Parliament.

By an Act passed in 1694, during the reign of William and Mary, the

duration of Parliament was limited to three years. In 1715, at the

beginning of the reign of George I, the Septennial Act was passed.

It provided that Parliament, if not sooner dissolved by Royal

Proclamation, issued on the advice of the Ministers, or by the death of

the Sovereign, should expire at the end of seven years. The Parliament

which passed the Septennial Act thereby prolonged its life for four

years beyond the time for which it was elected. This was done because

there was reason to fear that an appeal to the electors in 1717--the

year in which the General Election was due--would have resulted in the

return of a majority of Members of the House of Commons favourable

to the restoration of the Stuarts. Previously, in the reign of Queen

Anne, there had been a further change in the law regulating the life

of a Parliament. Parliament was no longer to die instanter with the

Sovereign. As it was deemed needful that the new Sovereign should have

immediately at his disposal a Parliament ready to act in any emergency,

the Parliament in existence at the demise of the Crown was to continue

to live for six months, if not sooner dissolved by the successor to

the Throne. It was next provided by a statute of George III that if

a demise of the Crown should take place at a time when there was

no Parliament in being--that is after the dissolution of the old

Parliament, and before the election of the new was completed--the old

Parliament should be revived and continue to exist for six months more

at the discretion of the new Sovereign. These laws have been out of

date for years. The Reform Act of 1867--Disraeli’s democratic statute

which first established the principle of household suffrage--contains

a section which makes the duration of Parliament entirely independent

of the death of the Sovereign. The Members of the Parliament in being

at the demise of the Crown retain their seats, but take a fresh oath of

allegiance to the new Sovereign. The first operation of this provision

was on the death of Queen Victoria in January 1901. The Parliament then

in existence was the first in history which was not brought to an end

by the demise of the Crown. Thus the last Parliament of Queen Victoria

became the first of King Edward VII. It is important to mention, by the

way, that the demise of the Crown in January 1901 vacated the offices

of every Minister of the Crown. The then Ministers were formally

reappointed by King Edward, and as the acceptance of office, even in

these circumstances, might have been held to have vacated their seats,

an Indemnity Act was passed to protect them from penalties by declaring

that notwithstanding their reappointment to office, they need not seek

re-election. But though seven years was the legal life of a Parliament,

it did not follow that every Parliament enjoyed fixity of tenure for

that period. Indeed, since the passing of the Septennial Act, not a

single Parliament died a natural death, or, in other words, did not

come to an end simply by the efflux of its statutory term of existence.

Parliaments have been suddenly cut short by the fall of the Ministry

on an adverse vote of the House of Commons, and Parliaments have been

calmly dissolved, their purposes being fulfilled, well within the

period of seven years. And so matters remain under the statutory term

of five years fixed by the Parliament Act of 1911.

Each House of Parliament can adjourn its proceedings for days or

weeks, solely on its own initiative, and without regard to the other

House. The House of Lords can adjourn while the House of Commons is

in session, and the House of Commons can adjourn while the House of

Lords is in session. This is done by a motion proposed in the usual way

by a Minister, then put by the Speaker or the Lord Chancellor, and,

after debate, agreed to or carried on a division. By thus adjourning,

neither House puts an end to any of its proceedings. When each House

meets again, business is resumed at the stage it had reached when

the adjournment took place. But there are two other functions which,

unlike adjournments, have a determining effect, in the one case on

the business of the Parliament, and in the other on the Parliament’s

course or career. One is “prorogation,” which brings the sittings of

both Houses to a simultaneous close and puts an end to all pending

Bills or other matters. The carrying over of uncompleted Bills from

one session to another has often been advocated as a saving of time

and trouble by relieving Parliament of the necessity of repeating in

two successive sessions the same debates upon the same questions.

But it has always been consistently rejected by the House of Commons

on the ground principally that the power of the Government would be

greatly strengthened by any system that would facilitate the rapid

progress of business, which is regarded as a thing not at all to be

desired. The other is “dissolution,” which terminates the life of the

Parliament. A prorogation is but the last of a session, and foretells

the coming of another. Parliament may be called back, in an emergency,

at six days’ notice. A dissolution is the close of a Parliament, and

is followed by a General Election. Neither House, nor the two of them

acting conjointly, can prorogue or dissolve. Both these functions are

exercised solely by the Sovereign, acting, of course, on the advice of

the Prime Minister.

2

According to the law of the Constitution, the right of the Sovereign to

dissolve Parliament, or to refuse a dissolution--at his own pleasure or

discretion, and without the consent of his Ministers--would seem to be

unquestionable. Circumstances might conceivably arise in which the King

might dissolve Parliament, even against the wishes of his Ministers,

in order to obtain the opinion of the electorate. But that would be a

course attended with most serious consequences. Supposing the General

Election vindicated the Ministers whose advice the King had set aside?

The plain truth of the matter is that the Sovereign has no will in

parliamentary affairs but that of his Ministers, who are supported

by a majority of the House of Commons. The power of dissolution is

really vested in the Prime Minister. The personal exercise of the Royal

Prerogative has been atrophied by long disuse. The King could not

now, constitutionally, force a dissolution against the wishes of his

Ministers, nor could he constitutionally refuse a dissolution if his

Ministers decided that the time for it had come. It has long been the

first principle of the Constitution that the King acts solely on the

advice of his Ministers. For the consequences of that advice they and

not the King are entirely responsible.

But for a clear understanding of the law and practice of the

Constitution we must see the procedure of dissolution at work. If the

King were to decide against the wishes of the existing Government that

there must be a General Election on the question in dispute, he would

first dismiss the Prime Minister and summon the recognized Leader

of the Opposition to form a new Administration, and then upon their

advice dissolve Parliament. There are only two cases within modern

times of Ministers being dismissed by the Sovereign, while they still

possessed the confidence of the House of Commons, of fresh Ministers

being appointed, and of the new Government appealing to the country for

the support which they lacked in Parliament. These cases occurred in

1784 and 1834. In each instance the Sovereign took a step which might

have had the serious result of showing a disagreement between him and

the majority of his people, of the people forcing him to accept as

advisers Ministers whom he did not personally desire. Taking the spirit

of our modern political life into account, it is surely very unlikely

that any Sovereign would now run so grave a risk--I will not say to

the stability of the Throne, but to the esteem and honour in which he

as King is held by the Nation--of seeing maintained at the polls the

advice given him by the Ministers whom he had dismissed because of that

very advice.

In both cases of dismissal the King was out of sympathy with his

Ministers. It was the famous Coalition Government formed by North,

the Tory, and Fox, the Whig, and in office in 1783, that was affected

by the first case. George III treated them with undisguised aversion.

Fox he utterly detested, and as he considered he had been betrayed

by his old friend and adviser, North, his hatred of him was equally

bitter. But apart from these personal feelings, he resented the fact

that the Ministers, instead of being his own nominees and agents,

were the nominees and agents of the House of Commons. He thwarted

them in every way, and finally, in December 1783, dismissed them and

sent for William Pitt to form a new Government. But the King refused

to dissolve Parliament immediately, as he was doubtful of the feeling

in the country. It was not until March 1784 that the General Election

took place. The result was a decisive verdict in favour of Pitt. The

King was therefore proved to be right in thinking that the majority in

the old House of Commons had ceased to represent its constituents. All

constitutional writers are, however, agreed that both the diminution

in the political power of the Crown and the rise in the authority

of the Prime Minister steadily began in 1784, and are traceable to

this exercise of the Royal prerogative by George III, in opposition

to the spirit of the Constitution. The second case of the dismissal

of a Ministry which was supported by a majority in the House of

Commons--that by William IV in 1834--affords a warning of the danger

to the Crown of the unwarranted use of the prerogative. As the King

was personally opposed to the policy of the Whig Ministry of Lord

Melbourne, he thought it well to dismiss them and called Sir Robert

Peel to office. William had perhaps better warrant for his action

than George, having regard to the political situation at the time.

The Government, torn by dissensions, was rapidly falling to pieces.

Melbourne gave the King more than one hint that he was not unwilling

to go, and it would appear from his correspondence that he thought the

King was justified in sending for other advisers. Still, Melbourne did

not formally send in his resignation to the King. The Ministry were

actually dismissed. That was in November 1834. There was an appeal to

the country early in 1835, and it had an unexpected result. The Whigs

came back with a majority, and in April Peel was forced to resign by an

adverse vote of the House of Commons. The verdict of the electorate was

decisive against the King.

It will be noticed that in both cases the exercise of the prerogative

on the King’s personal responsibility was confined to the dismissal of

the Ministers. For the dissolution of Parliament, which followed in

each case, the responsibility really rested upon the succeeding Prime

Minister, Pitt or Peel. Nevertheless, the lesson which was thus taught

King William IV had its effect on his successor, Queen Victoria. There

is a very significant letter written by Queen Victoria in 1846 to the

then Prime Minister, Lord John Russell, on the risk which the Crown

runs in wrongly estimating public opinion. With the aid of the Whig

Opposition, Peel carried the abolition of the Corn Laws against the

wishes of a large body of Protectionists among his own Tory followers.

The very night the Corn Bill passed the third reading in the House

of Lords, Peel was defeated in the House of Commons by a coalition

of the Whigs and Protectionists on a measure for the suppression of

O’Connell’s agitation for the Repeal of the Union. Lord John Russell,

the Whig leader, was then sent for by Queen Victoria and took office

as Prime Minister for the first time. The question of an appeal to

the country was raised, and the Queen thus sagaciously expressed her

opinion on the use of the prerogative of dissolution by the Sovereign:

As Lord John touches in his letter on the possibility of a

dissolution, the Queen thinks it right to put Lord John in

possession of her views generally. She considers the power of

dissolving Parliament a most valuable and powerful instrument

in the hands of the Crown, but one which ought not to be used

except in extreme cases with a certainty of success. To use

this instrument and be defeated is a thing most lowering to the

Crown and hurtful to the country.

An interesting point affecting the constitutional position and

authority of both the Sovereign and the Prime Minister in relation

to the dissolution of Parliament arose again in 1858. The facts are

gathered from _Queen Victoria’s Letters_. Public confidence in the

Government of which Lord Derby was Prime Minister was rudely shaken

during the Indian Mutiny by the terms of a dispatch to Lord Canning,

the Governor-General of India, which were prematurely published. In

anticipation of the capture of Lucknow, the Governor-General prepared a

proclamation, addressed to the natives, declaring that the proprietory

rights of the chiefs in the soil of the Province of Oudh would be

confiscated, and a draft of it was sent to the Government at home.

Meanwhile Sir James Outram, the Chief Commissioner of Oudh, protested

against the severity of the proclamation, and, in consequence, the

Governor-General mitigated it to the extent of inserting an exemption

from its operation in favour of such chiefs as should actively

co-operate in restoring order in the Province. On receiving the

draft of the proclamation in its original and unamended form, Lord

Ellenborough, President of the Board of Control--as the Minister in

charge of Indian affairs was then called--sent a dispatch to Lord

Canning severely rebuking him for departing from the historic policy

of the British as generous conquerors by inflicting upon the mass of

the native population a form of punishment which they would regard as

most severe. This dispatch was published in England long before it

could possibly have reached India. So great was the outcry at home of

indignation against the dispatch, and sympathy with the action of the

Governor-General, that Lord Ellenborough was compelled to resign his

office. But this propitiatory sacrifice of a victim did not allay the

storm of popular wrath. Notice was given in both Houses of Parliament

of motions of censure and want of confidence. The debates were to take

place on May 14, 1858. Three days previously--according to a memorandum

written by Prince Albert--the Prime Minister had an audience of Queen

Victoria and asked to be allowed to announce, during the debates,

that, in the event of the motions being carried, he had her Majesty’s

sanction to dissolve Parliament. Such an announcement, Lord Derby

added, would lead either to the withdrawal of the motions or their

rejection in the division lobbies. The Queen at once refused her assent

to such a course, saying that it would be a very unconstitutional

threat to hold over Parliament with her authority, by way of biasing

the decision of the two Houses. Her Majesty also sent Sir Charles

Phipps to interview Lord Aberdeen--an ex-Prime Minister in whose

sagacity she had complete confidence--and obtain his views on this

curious constitutional situation. The Queen’s messenger, in his report

of the interview, writes:

Lord Aberdeen interrupted me by saying that the Queen had

done quite right--that he never heard of such a request being

made, or authority for such an announcement being sought--and

he could not at all understand Lord Derby making such an

application. He knew that the Government had threatened a

dissolution, that he thought that they had a perfect right

to do so, but that they would be quite wrong in joining the

Queen’s name with it.

He said that he had never entertained the slightest doubt

that if the Minister advised the Queen to dissolve she would,

as a matter of course, do so. The Minister who advised the

dissolution took upon himself the heavy responsibility of doing

so, but that the Sovereign was bound to suppose that the person

whom she had appointed as a Minister was a gentleman and an

honest man, and that he would not advise her Majesty to take

such a step unless he thought that it was for the good of the

country. There was no doubt of the power and prerogative of the

Sovereign to refuse a dissolution--it was one of the very few

acts which the Queen of England could do without responsible

advice at the moment; but even in this case, whoever was

sent for to succeed, must, with his appointment, assume the

responsibility of this act, and be prepared to defend it in

Parliament.

Lord Aberdeen added that he could not remember a single instance in

which the undoubted power of the Sovereign had been exercised upon this

point, and the advice of the Minister to dissolve Parliament had been

rejected, and then proceeded to say:

The Queen had during her reign, and throughout the numerous

changes of Government, maintained an unassailable position

of constitutional impartiality; and he had no hesitation in

saying that he thought it would be more right, and certainly

more safe, for her to follow the usual course, than to take

this dangerous time for exercising an unusual and, he believed

he might say, an unprecedented course, though the power to

exercise the authority was undoubted.

The vote of censure failed in both Houses. In the Lords it was rejected

by a majority of nine. It was withdrawn, after debate, in the Commons.

The Prime Minister, in the customary parliamentary letter to the Queen,

drew a moral which, in view of her Majesty’s desire to avert a General

Election, was somewhat audacious. He attributed the collapse of the

Opposition to the conviction, which gradually spread in their ranks,

that in the event of the Government’s defeat her Majesty would sanction

a dissolution.

This conflict between legal theory and constitutional practice is

puzzling to unsophisticated minds. George III, a plain, blunt, and

rather narrow-minded man, could never be made to understand the

subtleties of a Constitution which invested him as Sovereign with

the powers of an absolute ruler, and declared he could do no wrong,

and yet insisted by its unwritten customs that he must do nothing on

his own responsibility, but everything he is bid by his Ministers.

In 1799 he told one of his Ministers, Henry Dundas, a Scotsman, how

pleased he was to learn that a Union between Great Britain and Ireland

was in contemplation. “But,” he added, “I hope it is not true that

the Government is pledged to emancipate the Roman Catholics?” “No,”

replied Dundas, “that will be a matter for future consideration.”

The King pointed out that his Coronation Oath bound him to uphold

the Protestant supremacy, and protested that he would never violate

it by consenting to Catholic emancipation. Dundas endeavoured to

explain that the oath bound the King in his executive capacity, but

left the King as head of the Legislature free and untrammelled. “None

of your Scotch metaphysics, Mr. Dundas!” cried the Monarch angrily.

“None of your damned Scotch metaphysics!” But so it is. According to

constitutional practice, the King must be guided by the advice of his

Ministers. Walter Bagehot, who is universally acknowledged to be one of

the acutest commentators on the Constitution, enumerates three rights

possessed by the King in his relations with Ministers: “The right to be

consulted, the right to encourage, the right to warn.” He adds: “A King

with great sense and sagacity would want no other.” It will be noticed

that Bagehot does not recognize in the King the right to oppose his

advisers.

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