Moreover, in a highly centralised country, the minister does everything in his own department. He has to do everything under the pressure, it is true, of the national representatives; but still his is the supreme authority. It is easy to see what sort of decisions he will make. They are often very little supported by law, and sometimes are even contrary to law, and then they remain a dead letter from the first. Ministerial circulars often have a remarkable character for illegality. In that case they fall and are forgotten, but not always before they have introduced a vast amount of trouble throughout the entire administration.
As to appointments, they are made, as I have said, by political influence, and even when they are flagrantly improper and corrupt, there is no chance of their being corrected by the competence of a minister, who, holding enlightened views on the business and subordinates of his office, is able to put his foot down and say "No! this will not do, we must draw the line somewhere."
[CHAPTER VII.]
JUDICIAL INCOMPETENCE.
Here we find incompetence spreading its influence by the logical necessity of the case. There are other quarters in which it grows by a sort of contagion. Have you ever noticed that the ancien régime, in spite of grievous shortcomings, by a sort of historical tradition, maintained a certain respect for efficiency in its different forms? For instance in matters of jurisdiction, there were seignorial, ecclesiastical and military courts. These were not founded as the result of argument and profound consideration, but by the natural course of events, by history itself, and they were maintained and approved by a monarchy which was verging on despotism.
Seignorial jurisdiction, without much rational justification, was none the less of considerable utility; it bound, or was capable of binding, the noble to his land, it prevented him from losing sight of his vassals, and his vassals from losing sight of him, and was in fact a conservative force in the aristocratic constitution of the kingdom. I submit that if this jurisdiction had been properly defined, limited and modified, which was never done, it would have been consonant with the law of competence. There are various local matters which come quite properly within the province of the noble, who in those days took the place of the magistrate. All that was wanted was that such matters should have been defined with precision and that in every case appeal should have been allowed.
Ecclesiastical jurisdiction was perfectly reasonable, as offences committed by ecclesiastics have a special character of which ecclesiastics alone can judge. This seems strange to modern ideas, although nowadays there are commercial courts and conciliation boards, because litigation between men of business, between workmen and women workers, and between employers and employed, can only be decided by men who have technical knowledge of the subject in dispute. Appeal, moreover, to a higher court is always allowed.
Finally, in the old days there used to be military jurisdiction for precisely the same reason.
All these exceptional jurisdictions are objects of the liveliest apprehension to democracy, because they infringe the rule of uniformity, which is the image and often the caricature of equality, and also because they are a stronghold of efficiency.