The English Constitution

Bagehot began his book by saying, in effect: do not be fooled by constitutional theories (the ‘paper description’) and formal institutional continuities (‘connected outward sameness’) – concentrate instead on the real centres of power and the practical working of the political system (‘living reality’).

He dismissed the two theories of the division of powers (between legislature, executive and judiciary) and of ‘checks and balances’ (between the monarchical, aristocratic and democratic elements of the constitution) as ‘erroneous’.

The dignified or ‘theatrical’ parts of the system played the essential role of winning and sustaining the loyalty and confidence of the mass of ordinary people whose political capacities were minimal or non-existent; they helped the state to gain authority and legitimacy, which the efficient institutions could then use.

The ‘efficient secret’ at the heart of it all was ‘the close union’ and ‘nearly complete fusion’ of executive and legislative powers in the Cabinet - the ‘board of control’ which rules the nation.

Bagehot counted the House of Commons as one of the efficient institutions running the country: ‘the whole life of English politics is the action and reaction between the ministry and the Parliament’.

He feared and opposed dogmatic and programmatic ‘constituency government’ and outside party organisations controlling MPs and making them into ‘immoderate representatives for every “ism” in all England’.

The mass of people deferred to the pomp and splendour of the ‘theatrical show of society’, but also the numerical majority delegated to an educated and competent minority the power of choosing its rulers.

The middle classes were, in this regime, ‘the despotic power in England’ and could be expected to choose a good legislature which in turn would select a competent government.

[3] Bagehot also influenced Woodrow Wilson, who wrote Congressional Government: A Study in American Politics in 1885,[4] inspired by The English Constitution.

An anonymous mezzotint of Walter Bagehot published in 1891