CHAPTER I

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PROPORTIONAL REPRESENTATION

A STUDY IN METHODS OF ELECTION

BY

JOHN H. HUMPHREYS

HON. SECRETARY, PROPORTIONAL REPRESENTATION SOCIETY

WITH AN INTRODUCTION BY

THE RT. HON. LORD COURTNEY OF PENWITH

_First Published in 1911_

TO THE MEMORY OF

CATHERINE HELEN SPENCE

OF ADELAIDE

AN UNWEARIED WORKER IN THE CAUSE OF REAL REPRESENTATION

INTRODUCTION

BY LORD COURTNEY OF PENWITH

I believe this book will generally be welcomed as opportune.

Proportional Representation has made very rapid, almost startling

advances in recent years. In one shape or another it has been adopted in

many countries in Northern Europe, and there is a prospect of a most

important extension of this adoption in the reform of the parliamentary

institutions of France. Among ourselves, every political writer and

speaker have got some inkling of the central principle of proportional

representation, and not a few feel, sometimes with reluctance, that it

has come to stay, that it will indeed be worked into our own system when

the inevitable moment arrives for taking up again the reform of the

House of Commons. They know and confess so much among themselves, but

they want to be familiarized with the best machinery for working

proportional representation, and they would not be sorry to have the

arguments for and against its principles once more clearly examined so

that they may be properly equipped for the reception of the coming

change. This little book of Mr. Humphreys is just what they desire. The

author has no doubt about his conclusions, but he goes fairly and with

quite sufficient fulness through the main branches of the controversy

over proportional representation, and he explains the working of an

election under the system we must now regard as the one most likely to

be adopted among us. His qualifications for his work are indeed rare,

and his authority in a corresponding measure high. A convinced adherent

of proportional representation, he stimulated the revival of the Society

established to promote it. He was the chief organizer of the enlarged

illustrative elections we have had at home. He has attended elections in

Belgium and again in Sweden, and when the time came for electing

Senators in the colonies of South Africa, and Municipal Councils in

Johannesburg and Pretoria, the local governments solicited his

assistance in conducting them, and put on record their obligations for

his help. The reader can have no better guide in argument, no more

experienced hand in the explanation of machinery, and if I add that Mr.

Humphreys has done his work with complete mastery of his subject and

with conspicuous clearness of exposition, I need say no more in

recommendation of his book.

It may be objected that the Royal Commission which issued its Report

last spring, did not recommend the incorporation of proportional

representation into our electoral system. This is most true. One member

indeed (Lord Lochee) did not shrink from this conclusion, but his

colleagues were unable to report that a case had been made out for the

adoption "here and now" of proportional representation. Their hesitancy

and the reasons they advanced as justifying it must lead many to a

conclusion opposite to their own. They themselves are indeed emphatic in

pressing the limitation "here and now" as qualifying their verdict. They

wish it to be most distinctly understood that they have no irresistible

objection to proportional representation. They indeed openly confess

that conditions may arise among ourselves at some future time which

would appear to be not necessarily distant, when the balance of

expediency may turn in favour of its adoption. They suggest "that some

need may become felt which can only be satisfied by proportional

representation in some form or another," and I do not think I

misrepresent their attitude in believing that a very small change of

circumstances might suffice to precipitate a reversal of their present

conclusion. All who are familiar with the conduct of political

controversies must recognize the situation thus revealed. Again and

again have proposals of reform been made which the wise could not

recommend for acceptance "here and now." They are seen to be good for

other folk; they fit into the circumstances of other societies; they may

have worked well in climates different from our own; nay, among

ourselves they might be tried in some auxiliary fashion separated from

the great use for which they have been recommended, but we will wait for

the proper moment of their undisguised general acceptance. It is in this

way that political ideas have been propagated, and it would be a mistake

if we were hastily to condemn what are sure and trusty lines of

progress. When the Royal Commissioners, after all their hesitations

about the intrusion of proportional representation even in the thinnest

of wedges into the House of Commons, go on to say that "there would be

much to be said in its favour as a method for the constitution of an

elected Second Chamber," and again, though admitting that this was

beyond their reference, express a pretty transparent wish that it might

be tried in municipal elections, the friends of the principle may well

be content with the line which the tide of opinion has reached. The

concluding words of this branch of the Report are scarcely necessary for

their satisfaction: "We need only add, that should it be decided at any

time to introduce proportional representation here for political

elections the change would be facilitated if experience had been gained

in municipal elections alike by electors and officials."

A few words may be permitted in reference to the line of defence

advanced by the Commissioners against the inroad of proportional

representation. Mr. Humphreys has dealt with this with sufficient

fullness in Chapters X and XI which deal with objections to proportional

representation; and I refer the reader to what he has written on the

general subject. My own comment on the position of the Commissioners

must be short. Briefly stated, their position is that proportional

representation "cannot be recommended in a political election where the

question which party is to govern the country plays a predominant part,"

and, as elsewhere they put it, "a general election is in fact considered

by a large portion of the electorate of this country as practically a

referendum on the question which of two governments shall be returned to

power." The first remark to be made upon this wonderful barrier is that

a general election avowedly cannot be trusted as a true referendum. It

produces a balance of members in favour of one party, though even this

may fail to be realized at no distant future, but the balance of members

may be and has been under our present system in contradiction to the

balance of the electors; or in other words, a referendum would answer

the vital question which party is to govern, in the opposite sense to

the answer given by a general election. This is so frankly admitted in

the Report that it is difficult to understand how the Commissioners can

recommend adherence to a process which they have proved to be a

delusion. Even on the bare question of ascertaining what government the

nation desires to see installed at Westminster, the present method is

found wanting, whilst the reformed plan, by giving us a reproduction in

miniature of the divisions of national opinion, would in the balance of

judgment of the microcosm give us the balance of judgment in the nation.

If a referendum is really wanted, a general election with single-member

constituencies does not give us a secure result, and an election under

proportional representation would ensure it. A different question

obviously disturbs many minds, to wit, the stability of a government

resting on the support of a truly representative assembly. Here again it

may be asked whether our present machinery really satisfies conditions

of stable equilibrium. We know they are wanting, and with the

development of groups among us, they will be found still more wanting.

The groups which emerge under existing processes are uncertain in shape,

in size, and in their combinations, and governments resting upon them

are infirm even when they appear to be strong. It is only when the

groups in the legislature represent in faithful proportion bodies of

convinced adherents returning them as their representatives that such

groups become strong enough to restore parliamentary efficiency and to

combine in the maintenance of a stable administration. It may require a

little exercise of political imagination to realize how the transformed

House of Commons would work, and to many the demonstration will only

come through a new experience to which they will be driven through the

failure of the existing apparatus. Meanwhile it may be suggested to

doubters whether their anxiety respecting the possible working of a

reformed House of Commons is not at bottom a distrust of freedom. They

are afraid of a House of chartered liberties, whereas they would find

the best security for stable and ordered progress in the self-adjustment

of an assembly which would be a nation in miniature.

COURTNEY OF PENWITH

AUTHOR'S NOTE

Current constitutional and electoral problems cannot be solved in the

absence of a satisfactory method of choosing representatives. An attempt

has therefore been made in the present volume to contrast the practical

working of various methods of election; of majority systems as

exemplified in single-member constituencies and in multi-member

constituencies with the block vote; of majority systems modified by the

use of the second ballot or of the transferable vote; of the earlier

forms of minority representation; and, lastly, of modern systems of

proportional representation.

Care has been taken to ensure accuracy in the descriptions of the

electoral systems in use. The memorandum on the use of the single vote

in Japan has been kindly supplied by Mr. Kametaro Hayashida, the Chief

Secretary of the Japanese House of Representatives; the description of

the Belgian system of proportional representation has been revised by

Count Goblet d'Alviella, Secretary of the Belgian Senate; the account of

the Swedish system by Major E. von Heidenstam, of Ronneby; that of the

Finland system by Dr. J.N. Reuter, of Helsingfors; whilst the chapter on

the second ballot and the transferable vote in single-member

constituencies is based upon information furnished by correspondents in

the countries in which these systems are in force. The statistical

analyses of elections in the United Kingdom were prepared by Mr. J.

Booke Corbett, of the Manchester Statistical Society, whose figures were

accepted by the Royal Commission on Electoral Systems as representing

"the truth as correctly as circumstances will permit."

The author is greatly indebted to his colleagues of the Proportional

Representation Society, Mr. J. Fischer Williams and Mr. Alfred J. Gray,

for the cordial assistance rendered by them in the preparation of this

book. Acknowledgments are also due to the editors of the _Times_, the

_Contemporary Review_, and the _Albany Review_, for permission to make

use of contributions to these journals.

J.H.H.

CONTENTS

CHAPTER I

THE HOUSE OF COMMONS AS AN EXPRESSION OF THE NATIONAL WILL

The spread of Representative Government--The House of Commons and

sovereign power--The demand for complete sovereignty--Complete

sovereignty demands complete representation--Strengthening the

foundations of the House of Commons--The rise of a new party--The new

political conditions and electoral reform.

CHAPTER II

THE DIRECT RESULTS OF MAJORITY SYSTEMS

The exaggeration of majorities--The disfranchisement of minorities--The

under-representation of majorities--A "game of dice"--The importance of

boundaries--The "gerrymander"--The modern gerrymander--The "block"

vote--The election of the London County Council--The election of

aldermen of the London County Council--The election of Representative

Peers of Scotland--The Australian Senate--London Borough

Councils--Provincial Municipal Councils--Summary.

CHAPTER III

THE INDIRECT RESULTS OF MAJORITY SYSTEMS

False impressions of public opinion--become the basis of legislative

action--Loss of prestige by the House of Commons--Unstable

representation--Weakened personnel--Degradation of party strife--The

"final rally"--Bribery and "nursing"--The organization of victory--Party

exclusiveness--Mechanical debates--Disfranchisement of minorities in

bi-racial countries--Defective representation in municipal

bodies--Wasteful municipal finance--No continuity in administration--The

root of the evil.

CHAPTER IV

THE REPRESENTATION OF MINORITIES

The Limited vote--The Cumulative vote--The Single vote--The need of

minority representation.

CHAPTER V

THE SECOND BALLOT AND THE TRANSFERABLE VOTE IN SINGLE-MEMBER

CONSTITUENCIES

Three-cornered contests--The second ballot--Experience in Germany,

Austria, Belgium, France--The bargainings at second ballots in

France--The "Kuh-Handel" in Germany--The position of a deputy elected at

a second ballot--The Alternative vote--The Alternative or Contingent vote

in Queensland, in West Australia--Mr. Deakin's failure to carry the

Alternative vote--Probable effect of the Alternative vote in

England--The Alternative vote not a solution of the problem of

three-cornered contests.

CHAPTER VI

PROPORTIONAL REPRESENTATION

The essential features of a sound electoral method--Constituencies

returning several members--Proportional representation of the

electors--Experience in Denmark, Switzerland, Belgium, German States,

France, Holland, Finland, Sweden, Australasia, South Africa, Canada,

Oregon, The United Kingdom--The success of proportional representation

in practice--An election by miners.

CHAPTER VII

THE SINGLE TRANSFERABLE VOTE

Its present application--An English movement--The system in brief--Large

constituencies--The single vote--The vote made transferable--How votes

are transferred--The quota--A simple case--The transfer of surplus

votes--The elimination of the lowest unelected candidate--The

result--Different methods of transferring surplus votes: The Hare

method--The Hare-Clark method--The Gregory method--The Gove or Dobbs

method--The Model election of 1908--The counting of votes: general

arrangements--The first count--The quota--The transfer of surplus

votes--The elimination of unsuccessful candidates--The fairness of the

result--Improved arrangements in the Transvaal elections--Criticisms of

the single transferable vote--Effect of late preferences--Elimination of

candidates at the bottom of the poll--Quota representation the basis of

the system.

CHAPTER VIII

LIST SYSTEMS OF PROPORTIONAL REPRESENTATION.

The Belgian electoral system--The Franchise--Compulsory voting--Partial

renewal of Chamber--The presentation of lists--The act of voting--The

allotment of seats to parties--The selection of the successful

candidates--A Belgian election, Ghent, 1908: the poll--The counting of

the votes--The final process--Public opinion favourable to the

system--The relation of the Belgian to other list systems--The different

methods of apportioning seats to lists--Criticism of the d'Hondt

rule--The formation of Cartels--The different methods of selecting

successful candidates--Panachage--The single vote and _case de

tête_--The limited and cumulative vote--Special characteristics of

Swedish and Finnish systems.

CHAPTER IX

A COMPARISON OF LIST SYSTEMS WITH THE SINGLE TRANSFERABLE VOTE

The influence of previous conditions--Party the basis of representation

in a list system--The freedom of the elector within the

party--Comparative accuracy--Panachage--Applicability to non-political

elections--Bye-elections--Relative simplicity of scrutiny.

CHAPTER X

PROPORTIONAL REPRESENTATION AND PARTY GOVERNMENT

Proportional representation and the two-party system--Burke's view of

party and party discipline--Narrow basis fatal to a large

party--Proportional representation and party discipline--"Free

questions" in Japan--The formation of groups--The formation of an

executive--A check on partisan legislation--Unlike the referendum,

proportional representation will strengthen the House of

Commons--Proportional representation facilitates legislation desired by

the nation--Proportional representation in Standing Committees--Taking

off the Whips--New political conditions.

CHAPTER XI

OBJECTIONS TO PROPORTIONAL REPRESENTATION

The question of practicability--The elector's task--The returning

officer's task--Time required for counting the votes--Fads and sectional

interests--The representation of localities--The member and his

constituents--Objections of party agents--Alleged difficulties in the

organization of elections--Alleged increase of cost--The accuracy of

representation--Summary.

CHAPTER XII

THE KEY TO ELECTORAL AND CONSTITUTIONAL REFORM

Electoral problems awaiting solution--Simplification of the

franchise--Redistribution--Should be automatic--Secures neither one vote

one value nor true representation--The problem simplified by

proportional representation--The case of Ireland--Three-cornered

contests--Partial adoption of proportional representation not

desirable--Proportional representation and democratic principles

--Constitutional reform--Federal Home Rule--Imperial Federation

--Conclusion.

APPENDICES

APPENDIX I

THE JAPANESE ELECTORAL SYSTEM--THE SINGLE NON-TRANSFERABLE VOTE

Failure of single-member system--Multi-member constituencies: Single

Vote adopted 1900--Equitable results--The new system and party

organization--The position of independents--Public opinion and the new

system.

APPENDIX II

THE SECOND BALLOT: A NOTE ON THE GERMAN GENERAL ELECTIONS OF 1903 AND

1907

The effect of unequal constituencies on representation--The effect of

second ballots--Second ballots and the swing of the pendulum--The second

ballot and the representation of minorities--Summary.

APPENDIX III

THE SWEDISH SYSTEM OF PROPORTIONAL REPRESENTATION

The former constitution of the two Chambers--The struggle for electoral

reform--The Swedish law of 1909--The Swedish system of proportional

representation--The allotment of seats to parties--The selection of the

successful candidates--Free voters and double candidatures--An election

at Carlskrona--The poll--The allotment of seats to parties--The

selection of the successful candidates--The election of

suppliants--Comparison with Belgian system--The system and party

organization--The great improvement effected by the Swedish system.

APPENDIX IV

THE FINLAND SYSTEM OF PROPORTIONAL REPRESENTATION

The influence of the Belgian system--Schedules and "compacts" in place

of lists--An election in Nyland--Returning officer's task--The allotment

of seats--Successful candidates in the Nyland election--Equitable

results--Elector's freedom of choice.

APPENDIX V

STATISTICS OF THE GENERAL ELECTIONS, 1885-1910

Explanatory notes--The representation of minorities.

APPENDIX VI

PREFERENTIAL VOTING: THE TRANSFER OF SUPERFLUOUS VOTES

I. The element of chance involved: Its magnitude. II. Method of

eliminating the chance element--Example.

APPENDIX VII

THE SINGLE TRANSFERABLE VOTE: SCHEDULE TO MUNICIPAL REPRESENTATION BILL,

1910

APPENDIX VIII

THE SINGLE TRANSFERABLE VOTE: SCHEDULE TO TASMANIAN ELECTORAL ACT, 1907

APPENDIX IX

THE SINGLE TRANSFERABLE VOTE: REGULATIONS FOR THE ELECTION OF SENATORS

UNDER THE SOUTH AFRICA ACT, 1909

APPENDIX X LIST SYSTEM: BILL PRESENTED TO THE FRENCH CHAMBER OF

DEPUTIES, 1907

APPENDIX XI

LIST SYSTEM: LAW ADOPTED BY THE CANTON OF BÂLE TOWN, 1905

INDEX

"The object of our deliberation is to promote the good purposes for

which elections have been instituted, and to prevent their

inconveniences."

--BURKE

CHAPTER I

THE HOUSE OF COMMONS AS AN EXPRESSION OF THE NATIONAL WILL

"The virtue, the spirit, the essence of the House of Commons, consists

in its being the express image of the nation."--BURKE.

"It is necessary," said Burke, "to resort to the theory of government

whenever you propose any alteration in the frame of it, whether that

alteration means the revival of some former antiquated and forsaken

constitution or state, or the introduction of some new improvement in

the commonwealth." The following chapters are a plea for an improvement

in our electoral methods, and although the suggested improvement and the

arguments with which it is supported are not new, yet it is desirable,

in the spirit of Burke's declaration, to preface the plea with some

reference to the main feature of our constitution.

_The spread of representative government_.

The outstanding characteristic of the British Constitution, its

fundamental principle, is now, if not fully so in Burke's time, the

government of the nation by its chosen representatives. Indeed, so much

is this the case that, in spite of the continued presence of elements

which are far from representative in character, originating in that

distant past when commoners had little, if any, political influence, the

British Constitution and Representative Government are almost synonymous

terms, and the "mother of parliaments" has given birth to so long a

succession of constitutions of which the cardinal principle is

representative government--the association of the governed with the

government--that we cannot now think of our House of Commons save as the

most complete expression of this principle. Nor, despite the criticisms,

many of them fully deserved, which have been directed against the

working of parliamentary institutions, has the House of Commons ceased

to be taken in other lands as a model to be reproduced in general

outline. New parliaments continue to arise and in the most unexpected

quarters. China is insistently demanding the immediate realisation of

full representative government. Japan has not only assimilated western

learning, but has adopted western representative institutions, and in

copying our electoral machinery has added improvements of her own.

Russia has established a parliament which, although not at present

elected upon a democratic basis, must inevitably act as a powerful check

upon autocracy, and in the process will assuredly seek that increased

authority which comes from a more complete identification with the

people. The Reichstag has demanded the cessation of the personal rule of

the German Emperor, and will not be content until, in the nation's name,

it exercises a more complete control over the nation's affairs.

Parliamentary government was recently established at Constantinople amid

the plaudits of the whole civilized world, and although the new régime

has not fulfilled all the hopes formed of it, yet upon its continuance

depends the maintenance of the improvements already effected in Turkey.

Lord Morley signalized his tenure of office as Secretary of State for

India by reforms that make a great advance in the establishment of

representative institutions. Some of these experiments may be regarded

as premature, but in the case of civilized nations there would appear to

be no going back; for them there is no alternative to democracy, and if

representative institutions have not yielded so far all the results that

were expected of them, progress must be sought in an improvement of

these institutions rather than in a return to earlier conditions. The

only criticism, therefore, of the House of Commons that is of practical

value must deal with those defects which experience has disclosed, and

with those improvements in its organization and composition which are

essential if in the future it is to discharge efficiently and adequately

its primary function of giving effect to the national will.

_The House of Commons and sovereign power._

"The essential property of representative government," says Professor

Dicey, "is to produce coincidence between the wishes of the Sovereign

and the wishes of the subject.... This, which is true in its measure of

all real representative government applies with special truth to the

English House of Commons." [1] This conception of the House of Commons as

the central and predominant factor in the constitution, exercising

sovereign power because it represents the nation which it governs, has

been notably strengthened during the last fifty years. A change having

far-reaching consequences took place in 1861, when the repeal of the

paper duties was effected by a clause in the annual Bill providing for

the necessary reimposition of annual duties, a proceeding which deprived

the Lords of the opportunity of defeating the new proposal other than by

rejecting the whole of the measure of which it formed a part. This

example has since been followed by both the great parties of the State.

Sir William Harcourt embodied extensive changes in the Death Duties in

the Finance Bill of 1894; Sir Michael Hicks-Beach, in 1899, included

proposals for altering the permanent provisions made for the reduction

of the National Debt; Mr. Lloyd George, following these precedents,

included in the Finance Bill of 1909 important new taxes which, prior to

1861, would have been submitted to both Houses in the form of separate

Bills. The House of Commons, however, has not yet attained the position

of full unqualified sovereignty, for, whilst the relations between the

King and the Commons have been harmonised by making the King's Ministry

dependent upon that House, the decisions of the House of Lords are not

yet subject to the same control. The Lords successfully rejected the

Education, Licensing, and Plural Voting Bills, all of which were passed

by the Commons by large majorities during the Parliament of 1906-1909.

Further, it refused its consent to the Finance Bill of 1909 until the

measure had been submitted to the judgment of the country, and by this

action compelled a dissolution of Parliament.[2]

_The demand for complete sovereignty._

These assertions of authority on the part of the House of Lords called

forth from the Commons a fresh demand for complete sovereignty--a demand

based on the ground that the House of Commons expresses the will of the

people, and that the rejection by the hereditary House of measures

desired by the nation's representatives is directly opposed to the true

principles of representative government. In consequence of the rejection

of the Education and Plural Voting Bills of 1906, Sir Henry

Campbell-Bannerman, in June 1907, moved in the House of Commons the

following resolution: "That, in order to give effect to the will of the

people as expressed by their elected representatives, it is necessary

that the power of the other House to alter or reject Bills passed by

this House, should be so restricted by law as to secure that within the

limit of a single Parliament the final decision of the Commons shall

prevail." The first clause of this resolution advances the claim already

referred to--that the House of Commons is the representative and

authoritative expression of the national will--and in support of this

claim Sir Henry Campbell-Bannerman quoted the declaration of Burke, that

"the virtue, the spirit, the essence of the House of Commons consists in

its being the express image of the nation." In the Parliament elected in

January 1910, further resolutions were carried by the Commons defining

more precisely the proposed limitation of the legislative power of the

Lords. It was resolved[3] that the House of Lords should be disabled by

law from rejecting or amending a money Bill, and that any Bill other

than a money Bill which had passed the House of Commons in three

successive sessions should become law without the consent of the

House of Lords.

These resolutions were embodied in the Parliament Bill, but the measure

was not proceeded with owing to the death of King Edward, and a

conference between the leaders of the two chief parties met for the

purpose of finding a settlement of the controversy by consent. The

conference failed, and the Government at once took steps to appeal to

the country for a decision in support of its proposals. Meanwhile the

House of Lords, which had already placed on record its opinion that the

possession of a peerage should no longer confer the right to legislate,

carried resolutions outlining a scheme for a new Second Chamber, and

proposing that disputes between the two Houses should be decided by

joint sessions, or, in matters of great gravity, by means of a

Referendum. The result of the appeal to the country (Dec. 1910) was in

favour of the Government. The Parliament Bill was re-introduced, and

this measure, if passed, will mark an important step in the realisation

of the demand of the Commons for complete sovereignty.

_Complete sovereignty demands complete representation._

The Parliament Bill does not, however, contemplate the establishment of

single-chamber Government, and it would appear that complete sovereignty

is only claimed whilst the House of Lords is based upon the hereditary

principle. For the preamble of the Bill declares that "it is intended

to substitute for the House of Lords as it at present exists a Second

Chamber constituted on a popular instead of hereditary basis," and that

"provision will require hereafter to be made by Parliament in a measure

effecting such substitution for limiting and defining the powers of the

new Second Chamber." But whatever constitutional changes may take place,

the national will must remain the final authority in legislation, and

the ultimate position of the House of Commons in the constitution and in

public esteem will depend upon the confidence with which it can be

regarded as giving expression to that will. It cannot claim to be the

sole authority for legislation without provoking searching inquiries

into the methods of election by which it is brought into being. At a

General Election the citizens are asked to choose representatives who

shall have full power to speak in their name on all questions which may

arise during the lifetime of a Parliament. But, although invariably

there are several important questions before the country awaiting

decision, the elector is usually restricted in his choice to two

candidates, and it is obvious that this limited choice affords him a

most inadequate opportunity of giving expression to his views upon the

questions placed before him. There can be no guarantee that the

decisions of representatives so chosen are always in agreement with the

wishes of those who elected them. Even in the General Election of

December 1910, when every effort was made to concentrate public

attention upon one problem--the relations between the two Houses of

Parliament--the elector in giving his vote had to consider the probable

effect of his choice upon many other questions of first-class

importance--the constitution of a new Second Chamber, Home Rule for

Ireland, the maintenance of Free Trade, the establishment of an Imperial

Preference, Electoral Reform, the reversal or modification of the

Osborne Judgment, Payment of Members, Invalidity Insurance; in respect

of all of which legislative proposals might possibly be submitted to the

new Parliament. Obviously before the House of Commons can be regarded

with complete confidence as the expression of the national will, the

elector must be given a wider and more effective choice in the selection

of a representative.

It is, however, contended by many politicians that the main object of a

General Election is not the creation of a legislature which shall give

expression to the views of electors on public questions. "A General

Election," says the Report of the Royal Commission on Electoral

Systems,[4] "is in fact considered by a large portion of the electorate

as practically a referendum on the question which of two Governments

shall be returned to power." But were this interpretation of a General

Election accepted it would destroy the grounds on which it is claimed

that the decisions of the Commons in respect of legislation shall

prevail "within the limit of a single Parliament." Some means should be

available for controlling the Government in respect of its legislative

proposals, and the history of the Unionist administrations of 1895-1906,

during which the House of Lords failed to exercise any such control,

demonstrated the need of a check upon the action of a House of Commons

elected under present conditions. Mr. John M. Robertson, whose

democratic leanings are not open to the least suspicion, has commented

in this sense upon the lack of confidence in the representative

character of the House of Commons. "Let me remind you," said he, "that

the state of things in which the Progressive party can get in on a tidal

movement of political feeling with a majority of 200, causes deep

misgivings in the minds of many electors.... Those who desire an

effective limitation of the power of the House of Lords and its ultimate

abolition, are bound to offer to the great mass of prudent electors some

measure of electoral reform which will give greater stability to the

results of the polls, and will make the results at a General Election

more in keeping with the actual balance of opinion in the country." [5]

The preamble of the Parliament Bill itself implies that the decisions of

the House of Commons may not always be in accordance with the national

wishes. It foreshadows the creation of a new Second Chamber, and the

only purpose which this chamber can serve is to make good the

deficiencies of the First.

The fact that our electoral methods are so faulty that their results

produce in the minds of many electors deep misgivings as to the

representative character of the House of Commons must materially

undermine the authority of that House. All who desire the final and

complete triumph of representative institutions--a triumph that depends

upon their success in meeting the demands made upon them--all who are

anxious that the House of Commons shall not only maintain, but increase,

the prestige that has hitherto been associated with it, must, in the

face of possible constitutional developments, endeavour to strengthen

its position by making it in fact, as it is in theory, fully

representative of the nation. For Sir Henry Campbell-Bannerman's

quotation from Burke is double-edged, and may be expressed thus: "the

virtue, the spirit, the essence of the House of Commons departs as soon

as it ceases to be the express image of the nation." Such a House cannot

furnish an adequate basis of support for a Government. For the

Government which issues from it will not command public confidence. The

debates in the House in 1905, before the resignation of Mr. Balfour,

bore testimony to the fact that the strength and power of a Government

which, according to the theory of our constitution, depends upon the

number of its supporters in the House of Commons, in reality rests upon

its reputation with the country. There was quoted more than once with

excellent effect this dictum of Sir William Anson: "Ministers are not

only the servants of the Crown, they represent the public opinion of the

United Kingdom. When they cease to impersonate public opinion they

become a mere group of personages who must stand or fall by the

prudence and success of their actions. They have to deal with disorders

at home or hostile manifestations abroad; they would have to meet these

with the knowledge that they had not the confidence or support of the

country; and their opponents at home and abroad would know this too." [6]

The strength and stability of a democratic Government thus depend upon

its capacity to interpret the will of the country, and the support which

the House of Commons can give is of value only to the extent to which

that House reflects national opinion. The Commons, if it is to maintain

unimpaired its predominant position in the constitution, must make good

its claim to be the representative expression of the national will. The

measures for which it makes itself responsible must have behind them

that irresistible authority, the approval of the electorate. If then our

electoral methods fail to yield a fully representative House, and if, in

consequence, the House cannot satisfactorily fulfil its double function

of affording an adequate basis of support to the Government which

springs from it, and of legislating in accordance with the nation's

wishes, the resultant dissatisfaction and instability must give rise to

a demand for their improvement. The House of Commons must re-establish

itself upon surer foundations.

_Strengthening the foundations of the House of Commons._

Each change in the constitution of the House of Commons--and its

foundations have been strengthened on more than one occasion--has been

preceded by a recognition of its failure to meet in full the

requirements of a representative chamber. Large changes have again and

again been made in consequence of such recognition since the day when

Burke alleged that its virtue lay in its being "the express image of the

nation." At the close of the eighteenth century, when these words were

spoken, it could be alleged with apparent truth that 306 members were

virtually returned by the influence of 160 persons.[7] The

consciousness that such a House could not be the express image of the

nation produced the Reform Bill of 1832, and a further recognition that

a still larger number of the governed must be associated with the

Government, produced the further changes of 1867 and of 1884, embodied

in measures significantly called Acts for the Representation of the

People. These changes, by conferring the franchise upon an ever-widening

circle of citizens, have, from one point of view, rendered the House of

Commons more fully representative of the nation at large. But even

whilst the process of extending the franchise was still in operation, it

was recognized that such extensions were not in themselves sufficient to

create a House of Commons that could claim to be a true expression of

the national will. The test of a true system of representation, laid

down by Mill in _Representative Government_, has never been successfully

challenged. It still remains the last word upon the subject, and, until

the House of Commons satisfies that test with reasonable approximation,

it will always be open to the charge that it is not fully

representative, and that in consequence its decisions lack the necessary

authority. "In a really equal democracy," runs the oft-quoted phrase,

"any and every section would be represented, not disproportionately, but

proportionately. A majority of the electors would always have a majority

of the representatives; but a minority of electors would always have a

minority of the representatives. Man for man, they would be as fully

represented as the majority." [8]

Mill's philosophy finds but little favour in many quarters of political

activity to-day, and the rejection of his philosophy has induced many to

regard his views on representative government as of little value. Even

so staunch an admirer as Lord Morley of Blackburn has underestimated the

importance of Mill's declaration, for, in a recent appreciation of the

philosopher[9] he declared that Mill "was less successful in dealing

with parliamentary machinery than in the infinitely more important task

of moulding and elevating popular character, motives, ideals, and steady

respect for truth, equity and common sense--things that matter a vast

deal more than machinery." Yet Lord Morley, in his attempt to make a

beginning with representative institutions in India, found that

questions of electoral machinery were of the first importance; that

they, indeed, constituted his chief difficulty; and he was compelled in

adjusting the respective claims of Hindus and Muhammadans to have

recourse to Mill's famous principle--the due representation of

minorities. Mill, as subsequent chapters will show, understood what Lord

Morley seems to have insufficiently recognized, that the development or

repression of growth in popular character, motives and ideals, nay, the

successful working of representative institutions themselves, depends in

a very considerable degree upon electoral machinery. Its importance

increases with every fresh assertion of democratic principles, and the

constitutional issues raised during the Parliaments of 1906, 1910, and

1911 must involve a revision of our electoral methods before a complete

solution is attained. The demand on the part of the House of Commons for

complete sovereignty must evoke a counter demand that that House shall

make itself fully representative.

_The rise of a new party._

But the relations which should subsist between the two Houses of

Parliament, whether the upper House is reformed or not, is not the only

question which is giving rise to a closer examination of the foundations

of the House of Commons. To this external difficulty there must be added

the internal, and in the future a more pressing, problem created by the

rise of a new organized party within the House of Commons itself. The

successive extensions of the franchise have given birth to new political

forces which are not content to give expression to their views along the

old channels of the two historic parties, and the growth of the Labour

Party must accelerate the demand for a more satisfactory electoral

method. For a system which fails in many respects to meet the

requirements of two political parties cannot possibly do justice to the

claims of three parties to fair representation in the House of Commons.

It is true that some statesmen regard the rise of a new party with fear

and trembling; they imagine that it forebodes the bankruptcy of

democratic institutions, the success of which, in their judgment, is

necessarily bound up with the maintenance of the two-party system. The

two-party system must indeed be a plant of tender growth if it depends

for existence upon the maintenance of antiquated electoral methods. But

those politicians who deprecate any change on the ground that

single-member constituencies afford the only means by which the

two-party system can be preserved, have failed to explain why this

electoral system has not prevented the growth of Labour parties in

Australia and in England, or why numerous parties and single-member

constituencies go hand in hand both in France and Germany. Single-member

constituencies may distort and falsify the representation of parties,

but they cannot prevent the coming of a new party if that party is the

outcome, the expression, of a new political force.

_The new political conditions and electoral reform._

Why should the rise of a new party cause so much uneasiness? Can

democracy make no use of that increased diffusion of political

intelligence from which springs these new political movements? Mr.

Asquith takes no such pessimistic view. He, least, realises that our

present system is not necessarily the final stage in the development of

representative government. He does not imagine that, whilst we welcome

progress in all things else, we must at all costs adhere to the

electoral methods which have done duty in the past. Speaking at St.

Andrews, 19 February 1906, he declared that: "It was infinitely to the

advantage of the House of Commons, if it was to be a real reflection and

mirror of the national mind, that there should be no strain of opinion

honestly entertained by any substantial body of the King's subjects

which should not find there representation and speech. No student of

political development could have supposed that we should always go along

in the same old groove, one party on one side and another party on the

other side, without the intermediate ground being occupied, as it was in

every other civilized country, by groups and factions having special

ideas and interests of their own. If real and genuine and intelligent

opinion was more split up than it used to be, and if we could not now

classify everybody by the same simple process, we must accept the new

conditions and adapt our machinery to them, our party organization, our

representative system, and the whole scheme and form of our government."

This is not a chance saying, standing by itself, for a fortnight later,

speaking at Morley, Mr. Asquith added: "Let them have a House of Commons

which fully reflected every strain of opinion; that was what made

democratic government in the long run not only safer and more free, but

more stable." Mr. Asquith's statements take cognizance of the fact that

a great divergence between the theoretical and actual composition of the

House of Commons must make for instability, and his pronouncement is an

emphatic reinforcement of the arguments contained in the earlier portion

of this chapter.

On a more important occasion, when replying to an influential deputation

of members of Parliament and others,[10] Mr. Asquith, with all the

responsibility which attaches to the words of a Prime Minister, made

this further statement: "I have said in public before now, and am

therefore only repeating an opinion which I have never ceased to hold,

namely, that there can be no question in the mind of any one familiar

with the actual operation of our constitutional system that it permits,

and I might say that it facilitates--but it certainly permits--a

minority of voters, whether in the country at large or in particular

constituencies, to determine the representation--the relative

representation in the one case of the whole nation, and the actual

representation in the other case of the particular

constituency--sometimes in defiance of the opinions and wishes of the

majority of the electors. The moment you have stated that as a fact

which cannot be disputed, and it cannot be contradicted by any one, you

have pointed out a flaw of a most serious character, and some might say

of an almost fatal character, when your constitutional and Parliamentary

system appears at the bar of judgment upon the issue whether or not it

does from the democratic point of view really carry out the first

principles of representative government. I therefore agree that it is

impossible to defend the rough and ready method which has been hitherto

adopted as a proper or satisfactory explanation of the representative

principle. It is not merely, as more than one speaker has pointed out,

that under our existing system a minority in the country may return a

majority of the House of Commons, but what more frequently happens, and

what I am disposed to agree is equally injurious in its results, is that

you have almost always a great disproportion in the relative size of the

majority and minority in the House of Commons as compared with their

relative size in the constituencies. That is the normal condition of our

House of Commons. I have had experience of some of the inconveniences

which result." In speaking at Burnley in support of the Parliament Bill

during the electoral campaign of December 1910, Mr. Asquith again laid

stress upon the need of making the House of Commons fully

representative. "It is," he said, "an essential and integral feature of

our policy ... that we shall go forward with the task of making the

House of Commons not only the mouthpiece but the mirror of the

national mind."

There can be no doubt that the question of electoral methods must now

occupy a prominent place in all discussions which centre around the

purpose, efficiency and authority of the House of Commons. John Bright,

in addressing the people of Birmingham, on the eve of an election,

exhorted them to "bear in mind that you are going to make a machine

more important than any that is made in the manufactories of Birmingham

... a stupendous machine whose power no man can measure." [11] Can we

afford in the manufacture of such a machine to be content with rough and

ready methods of election? Accuracy and precision are being demanded

with ever-increasing force in all other departments of human activity;

on what grounds then can we in the most delicate of all--that of

government--refuse to recognize their value? The necessity of ensuring

the predominance of the House of Commons in our constitutional system,

the problem created by the rise of the Labour Party, the increased

recognition of the need of reform, cannot but contribute to one result.

The House of Commons will make itself more fully representative by the

adoption of more trustworthy electoral methods, and in so doing will not

only increase its stability and efficiency, but will render its

constitutional position impregnable.

The indispensable preliminaries to any such change are, in the first

place, an analysis of the results, both direct and indirect, of existing

methods and, in the second place, a careful comparison of the

improvements possible. The subsequent chapters will be devoted to both

these aspects of the problem, for in the elucidation of the system most

suited to British conditions, the experience of those countries which,

faced with the necessity for change, have already introduced new methods

into their electoral systems, will be found to be of the highest value.

[Footnote 1: _The Law of the Constitution_, p. 81.]

[Footnote 2: Our constitution is an ever-changing one, and had the

country endorsed the action of the Lords in withholding its assent to

the Finance Bill of 1909, a great blow would have been dealt to the

authority of the House of Commons. The Fabian Society, in its Manifesto

to members, issued on the eve of the election of January 1910, put this

aspect of the case very forcibly: "It may justly be claimed by the

Socialists that they have steadily refused to be misled by idle talk

about what is and what is not constitutional, and have recognized that

the only real constitution is the sum of the powers that are effectively

exercised in the country. If the House of Lords boldly refuses supply

and compels a dissolution, and the country, at the election, supports

the Lords, that support will make the action of the Lords constitutional

in spite of all paper denunciations by the defeated party" (_Fabian

News_, January 1910).

The verdict of the country, as interpreted by the present mode of

election, condemned the action of the Lords by a substantial majority.

Yet the figures in Chap. II. p. 19, show by how small a turnover of

votes that judgment might have been reversed.]

[Footnote 3: 14 April 1910.]

[Footnote 4: Cd. 5163, par. 126.]

[Footnote 5: Manchester Reform Club, 2 February 1909.]

[Footnote 6: _The Law and Custom of the Constitution,_ p. 372.]

[Footnote 7: Ibid., p. 124.]

[Footnote 8: _Representative Government_, Chap. VII.]

[Footnote 9: _The Times_, Literary Supplement, 18 May 1906.]

[Footnote 10: 10 November 1908.]

[Footnote 11: Thomas Hare, _The Election of Representatives_, p. 18]

Proportional Representation: A Study in Methods of Election · 第 1 / 14 章