Extension of the Life of Legislatures

In: Canadian journal of economics and political science: the journal of the Canadian Political Science Association = Revue canadienne d'économique et de science politique, Band 26, Heft 4, S. 604-616

Abstract

One of the most fundamental of democratic rights is the right to representation in a free parliament. A legislature which is in a position to prolong its own life indefinitely can nullify that right.That is why the United States Constitution lays it down that there must be a general election for the House of Representatives, and for one-third of the Senate, every two years. Nothing except a constitutional amendment can change this; and the process of amendment is so elaborate and difficult, and takes so long, that we can be certain that there will never be any lengthening of the term of either House of Congress unless American public opinion emphatically and overwhelmingly desires it. The same is true of the individual states. If Congress or any state legislature tried to prolong its own life, the "act" would be void, and any citizen could have it annulled by appealing to the courts.In Canada, the Dominion Parliament can prolong its own life, but only "in time of real or apprehended war, invasion or insurrection" and only "if such continuation is not opposed by the votes of more than one-third of the members" of the House of Commons. In other words, one-third plus one of the members of the House of Commons can prevent prolongation even in the midst of war, invasion, or insurrection. Any extension "act" passed contrary to these provisions would be void, and any citizen could have it annulled by appealing to the courts.