HOUSELOR.DS (Converted)
American Embassy
7-9 Tudor Arghezi
Bucharest, Romania
November 17, 1995
Editor
The Economist
25 St. Jame's Street
London SW1A 1HG
Dear Sir:
I refer to The article Britain's Constitution in your November 4 issue.
While I have lived a good part of my life in the UK, and British Parliamentary
practices were one of the fields in my PhD studies as Harvard, I am an unabashed
republican (small "r"), and have wondered for years why Great Britain doesn't simply
give up its decrepit (and bankrupt) monarchy, adopting a presidential system as in France
and Germany. But insofar as you Brits choose to continue with what Bagehot called
the "ceremonial" elements of your constitution, I fail to see why The Economist
would call for abandoning the House of Lords in favor of an elected Upper House --
or even a unicameral legislature. Contrary to the assertion of your writer regarding
the inessentiality of a second chamber where the lower house is perfect (can there
be such parliamentary perfection this side of Heaven?), it has been found that a delaying
and reviewing body is a highly useful, if not strictly essential, element of government.
In the United States (and some other federal countries such as Germany) it
has been found that this "other chamber", representing the States or Lander, presents
a wholesome balance between regional and national interests. Moreover, in the US,
the "reconciliation process", in which committee representatives from the two houses meet
jointly to eliminate differences between versions of similar legislation arising
in the two houses, goes a long way towards satisfying the delaying function of the
House of Lords, without requiring an intervening election.
The British House of Lords fills another important function not present in
either the German, French, or American systems: engaging the continued use of the
accumulated experience of seasoned political leadership through creation of Life
Lords. I have proposed an amendment to the American Constitution which would make former Presidents
(and perhaps former Secretaries of State and Secretaries of Defense) ex officio
Senators -- for life, or at least for the following senatorial term or two following
their standing down from office, to make use of their experience, temper the adversarial
nature of the Upper House, and justify the high retirement salaries paid to such
officials. Such ex officio
senators would serve with or without a vote -- or perhaps only with a vote on matters
specific to their area of expertise -- but always with the right to express their
views in senatorial debate.
It would have been more in conformity with The Economist's
reputation for advocating preservation of what is good, while modifying or abandoning
what no longer serves a purpose, to have recommended phasing out hereditary lords.
Indeed, your article points out that relatively few hereditary lords even bother
to attend sessions, suggesting that the problem, if that is what it is, is resolving itself
in traditional British fashion. But terminating hereditary lordships at the end
of a generation time certain, would seem preferable to abolishing Lords itself.
The existence of an unelected body representing experienced former political leaders of
both parties from the House of Commons, and perhaps including former Lord Mayors
of the major provincial towns, outstanding business and other professional leaders
made life peers, so that the most successful and prominent men (and women) of their generation
could be involved in the political process without having to subject themselves to
the grime of politics as such. Most American observers think that we have lost
the services of one of our most outstanding leaders, Colin Powell, because after reflection
he decided it wasn't worth his while to subject himself to the election process --
begging money, prostrating himself before influential supporters, and subjecting
himself and his family to the most intense examination by the press. In Britain, General
Powell would in all probability by now have been created a Life Lord, with the nation
benefitting from his wisdom and experience -- whenever an issue of sufficient importance to engage his interest in attending the House.
If Lords were abolished, Britain would also be faced with the problems of having
to create a new Court of Highest Review. Imbuing such a new supreme court with the
prestige essential to having its decisions on the most important and sensitive legal
and constitutional issues of the day will not be easy. And Britain should think twice
before throwing away the accumulated authority of Lords acting as Court of Final
Appeal. And perhaps two -- if as in France it were decided to have both a Court
of Cassation for criminal appeals and a Court of Constitutional Appeal.
This is not to say that The Economists criticisms of Lords is without justification,
or that reconstituting Lords should not be undertaken. As one of republican persuasion,
I would recommend terminating hereditary lordships as of a date certain (living hereditary lords being "grandfathered" for the rest of their lives). And make
creation of life lords a much more broad-ranging process -- elevating, as already
suggested, outstanding military, provincial, professional, media, and business leaders
a bit more generously than at present. I remember the days shortly after the war
(and during Suez) when America was greatly criticized for its racial problems. This
of course was before the enormous influx of Africans, Orientals, and Pakistanis to
England -- which, as it strikes me is undergoing social unrest every bit as uncomfortable
as the U.S. was experiencing before the end of segregation. Given the evident unhappiness
of ethnic minorities in the UK, I'd thus go so far as to suggest adding representatives from each major ethnic minority to the House of Lords to assure a collective
ability to express ethnic views at the highest levels of British government and taking
some of the sting out of the current sense of ethnic alienation. And taking into
account rising Scottish interest in self-government (while avoiding the long-term risks
of separatism ass per Canada), I'd suggest reserving a proportional share of the
new Lords (based on population) for the Scots and Welch -- and Ulster Irish?) instead
of trying to go back three hundred years to recreate a Scottish Parliament. And, while
preserving the Lords Spiritual of the Established Church, I'd add Lords Spiritual
from the top leadership of Non-Conformist churches to make Lords a truly representative
-- if non-elected, body
The flexibility of Lords to take on these new functions without so much as
a change in law (other than terminating the principle of inheritance) commends some
deeper thinking on the part of The Economist before pushing further the notion of
abolishing Britain's Upper House.
Sincerely,
David Brighton Timmins, PhD (Harvard)
U.S. Foreign Service Officer (ret.)
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