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Considerations on Representative Government

John Stuart Mill · 1840s–1861 (composition and revision; see publication date omitted)

passage 135 of 187 · Chapter I--To What Extent Forms of Government are a Matter of Choice. > Chapter XIV--Of the Executive in a Representative Government. (7/13)

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in brief
Mill allows fixed terms for an executive head without parliamentary votes, but insists the executive should be able to dissolve parliament to avoid deadlock and enable constitutional testing of party strength.

question a party question, but to raise questions for the purpose of founding parties upon them, it would have been difficult to contrive any means better adapted to the purpose.

I will not affirm that it would at all times and places be desirable that the head of the executive should be so completely dependent upon the votes of a representative assembly as the prime minister is in England, and is without inconvenience. If it were thought best to avoid this, he might, though appointed by Parliament, hold his office for a fixed period, independent of a Parliamentary vote, which would be the American system minus the popular election and its evils. There is another mode of giving the head of the administration as much independence of the Legislature as is at all compatible with the essentials of free government. He never could be unduly dependent on a vote of Parliament if he had, as the British prime minister practically has, the power to dissolve the House and appeal to the people; if, instead of being turned out of office by a hostile vote, he could only be reduced by it to the alternative of resignation or dissolution. The power of dissolving Parliament is one which I think it desirable he should possess, even under the system by which his own tenure of office is secured to him for a fixed period. There ought not to be any possibility of that deadlock in politics which would ensue on a quarrel breaking out between a president and an assembly, neither of whom, during an interval which might amount to years, would have any legal means of ridding itself of the other. To get through such a period without a coup d'etat being attempted, on either side or on both, requires such a combination of the love of liberty and the habit of self-restraint as very few nations have yet shown themselves capable of; and though this extremity were avoided, to expect that the two authorities would not paralyze each other's operations is to suppose that the political life of the country will always be pervaded by a spirit of mutual forbearance and compromise, imperturbable by the passions and excitements of the keenest party struggles. Such a spirit may exist, but even where it does there is imprudence in trying it too far.

Other reasons make it desirable that some power in the state (which can only be the executive) should have the liberty of at any time, and at discretion, calling a new Parliament. When there is a real doubt which of two contending parties has the strongest following, it is important that there should exist a constitutional means of immediately testing the point and setting it at rest. No other political topic has a chance of being properly attended to while this is undecided; and such an interval is mostly an interregnum for purposes of legislative or administrative improvement, neither party having sufficient confidence in its strength to attempt things likely to provoke opposition in any quarter that has either direct or indirect influence in the pending struggle.

I have not taken account of the case in which the vast power centralized in the chief magistrate, and the insufficient attachment of the mass of the people to free institutions, give him a chance of success in an attempt to subvert the Constitution, and usurp sovereign power. Where such peril exists, no first magistrate is admissible whom the Parliament can not, by a single vote, reduce to a private station. In a state of things holding out any encouragement to that most audacious and profligate of all breaches of trust, even this entireness of constitutional dependence is but a weak protection.

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topics: forms of government · justice as a virtue · revolution and the fall of states

Considerations on Representative Government · John Stuart Mill · 1840–1861