The Free State Constitution

New Zealand Tablet, Volume L, Issue 3, 18 January 1923, Page 13

The Free State Constitution

The Senate (By Rev. John A. Ryan, D.D., in America.) The Senate of the Irish Free State is a new thing under the political sun. It is to be composed 'of citizens who have done honor to the nation by reason of useful public service or who, because of special qualifications or attainments, represent important aspects of the nation's life." ' V There will be 64 members; two of these are to bo chosen by each of the four national universities, eight in all. The latter provision gives recognition to the educational or cultural element of the country. How are the other "important aspects of the nation's life" to obtain representation and how will those be elected "who have done honor to the nation by reason of useful public service?" ' • . <

The Senators must be at least 35 years of age, and they will hold office for 12 years. Each university elects one Senator every six years. One-fourth of the other 56 members of the Senate will he elected every three years, and on the principle of proportionate representation. Before each campaign for election, a panel of nominees must be made up, consisting of two groups, first, three times as many persons as there are places to be filled; second, all persons who have been at any time members of the Senate, and who signify in writing their desire to be included in the panel. Two-thirds of the first group are to be selected by the Chamber of Deputies, the remaining one-third by the Senate. In both cases the selection of nominees is to be made on fine basis of proportional representation. In choosing names for the panel, both the Chamber and the Senate must provide for “the representation of important interests and institutions in the country.” The entire list of nominees is to be arranged in alphabetical order and published with statements of their several qualifications.

In this provision, the representation of interests, occupations, classes,' is again set forth as one of the two main objects to be attained in the make-up of the Senate. The other, as we have seen, is to obtain men who “have done honor to the nation through useful public service,” Are the methods of nomination wisely calculated to realise these aims? It would seem so, at least, in some-degree only experience can provide a comprehensive answer. The nominations are subject neither to the manipulation of a party boss, nor to the uncertainties of a popular primary. They are made by a relatively small number of legislators. To be sure, such a group can be selfish and as, illiberal as a “hand-picked” political convention. Much will/ depend upon the ' precedents set’ and the traditions formed in the early years of the experiment. This will be particularly true as regards candidates - who have “done ; honor to the nation.” The best assurance that the proper persons will be named to represent the “important aspects of the nation’s life,” is .to be found : in, the method by’ which the nominees are to be, selected. Both the Chamber and

the Senate must nominate candidates 'on the basis of proportional representation. Let us suppose that one-

fourth of the Deputies who are to construct a given panel represent labor and that - one-half represent agriculture. In all probability the nominations made by .these two groups ' will ' reflect ,these two interests in about these proportions. That .is, to say, 1 there will be twice as many farmer . nominees as labor nominees. The nominations made by the Senators should likewise reflect the distribution of interests obtaining in that body.' a

So much for the nominations. In the election the voters form a single constituency. As each Senator represents the whole country/ rather than a district, county, or province, so he. is to be chosen by ail the electors. This means‘a very large number of names on each ballot. There will ,be three times one-fourth of the 56 non-university ’ members, plus those Senators and ex-Senators who- are candidates (42 + x). Let us assume the total number of names on the ballot to be 60. Obviously a small proportion only s can become known in any definite way to the majority of the voters. . Since there are only 14 places to be filled, each voter has only that number of first choices. Of . course, he can cast an equal- number of second and of third choice votes. What will be the probable outcome?

It is not unlikely, that the majority will vote for a few candidates who are well and favorably known in every section of the country. Thus, some of the newlyelected persons will be men who “have done honor to the nation.” Probably the majority, however, will be men who are known as representatives, of occupational or professional interests, particularly farmers and wage earners. The candidates of these classes will be able to make themselves sufficiently known to the electors.

The superiority of a second Chamber so constituted as our national and State Senates, should be obvious to anyone who. thinks in terms of political efficiency and political realities. In every country the second legislative house is supposed to be something more than a duplicate of the first. Various methods of; differentiation are employed; a different constituency, a different way of appointment, different qualifications in the candidates. Th® first method is exemplified by the United States Senate, for its members are elected from the States instead of congressional districts. The British House of Lords illustrates both the second and the third methods, inasmuch as its members are not elected by the people, and the majority of them belong to certain privileged families. In our State legislatures the differences between the upper and lower houses are slight and unimportant. The mem- . bers of both are elected from geographical areas by the same voters. The number of Senators is, indeed, smaller than the number of Representatives,' and the official term of the former is generally twice as long as that of the latter ; but these differences are not of primary importance. The Senate of the Irish Free State will exhibit all the differences that exist between the two branches of an American State Legislature, and in addition will represent national achievement and occupational classes, instead of geographical districts and numerical groups. *

In America we are still dominated by the superstition of abstract citizenship. We fondly imagine, or pretend we imagine, that the masses of voters have their minds always fixed upon the national or the general welfare. We pretend to think that men should not use their political power for the furtherance of their class interests. Hence the oft-heard denunciation of “class legislation.” Of course, this theory has no relation to actual life. Speaking

generally, the citizen who thinks only of the general interest is a myth. The vast majority divide themselves according to their economic, or , vocational interests, and they-seek to promote them at the ballot box. And they are right; for one of the primary objects of government is the furtherance of men’s economic welfare, and this varies consider-

ably between one class and another. In like manner, the great majority in any legislative

body seek: primarily to promote their - own class; interests or : those of their most * valued constituents. With the loftiest intentions, . they/ could scarcely follow any /other course. ; In : peace times/.very few important proposals come.

before a legislature which are "of purely national or general interest. The great majority 'of the 'bills introduced and ""the enacted, affect the different' classes •differently. They favor some ; classes more . than. others,'. and they in jure some classes. To be sure, the great majority, both of electors and elected, honestly assume that the national V'-'. -P< ... '» '• .' ;'<•*" :,: v > ' . ~

or general welfare is identical with that 'of the x class to which they happen to belong. This is true of the ‘‘Agricultural Bloc” in the present Congress, and. of. every other group, whether of manufacturers, traders; .financiers, ’or laborers; but it is their class interests that they formally and' explicitly pursue. What futility, then, to keep up the humbug of “ho class legislation”! How’much more honest, more intelligible and more effective would be our electoral and our legislative performances were we to, give formal recognition and representation to our various vocations, interests, classes.

In so far as it is proper to speak of a Catholic theory of political representation, that phrase may be applied to' the constitution of the Free State Senate. The legislative bodies of the Middle Ages endeavored to give representation to the various classes, or callings, or estates, of the commonwealth. The fact that the classes were not always represented in proportion to their importance or deserts is no criticism of the principle. The Catholics of that day were political realists. They admitted that men had different class interests, and they recognised that these interests were a proper object of legislative' and governmental solicitude. For many years now. the doctrine of representation by interests has been a part of the reform programme of the Social Catholics of France, and it'is looked: upon with favor by Catholic thinkers in several other countries. •