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There is no possibility of arguing that the present composition of the House of Lords can be justified either by logic or by reference to any preconceived constitutional theory. It is the result of a long, even a tortuous, process of historical evolution. Its authority rests upon the acceptance of the result, handed down to our time, of that historical process. It is the authority of acceptance, the authority of what Burke called "prescription". The House of Lords shares that characteristic with many of our most cherished and important institutions. Trial by jury, for example, is not to be justified in logic; it does not rest upon statute; it came to us by a strange historical evolution out of the sworn witnesses of a neighbourhood. Neither logic nor statute nor theory is a basis of that other hereditary institution by which it comes about that a young woman holds sway over countless millions. The authority of this House itself does not, in the last resort, rest upon any logic in the principles upon which we are formed or elected: it rests upon the acceptance by the nation of an institution the history of which cannot be divorced or torn out of the context of the history of the nation itself. (en) |
