Virtual representation

The essential idea of virtual representation is that one can be represented by a decision-making process without being able to vote for those who make the decisions. That the disenfranchised were virtually represented in Parliament was an argument often put by opponents of franchise reform in England in the nineteenth century. Twentieth-century social historians like E. P. Thompson have partly conceded this point by claiming that policy had to take some cognizance of the interests of the urban poor because of their capacity to riot, a form of anticipated reactions directly relevant to, for example, the Roman Empire, but also to the United States and United Kingdom in our own times in respect of people who do have the right to vote. Although the idea of virtual representation may seem paternalistic and undemocratic, it is perhaps the breadth of application rather than the concept itself which is offensive to modern susceptibilities: all modern societies accept it, in effect, in respect of children.

— Lincoln Allison

Representation in a lawsuit without being named as a party. A type of class action where nonparty members have a close relationship to the named parties and have similar interests such that a judgment is binding upon the nonparties. A preferable alternative is the appointment of a guardian ad litem to ensure that the nonparty interests will be adequately protected. 42 F. Supp. 569, 576; 77 F.R.D. 382.

In the early stages of the American Revolution, colonists in North America followed rules imposed upon them by the British Parliament because the colonies were not represented in Parliament. According to the British constitution, colonists argued, taxes could only be levied on British subjects with their consent. Because the colonists were represented only in their provincial assemblies, they said, only those legislatures could levy taxes in the colonies. This concept was famously expressed as "No taxation without representation."

George Grenville defended all the taxes by arguing that the colonists were virtually represented in Parliament, a position that had critics on both sides of the Atlantic. William Pitt, a defender of colonial rights, ridiculed virtual representation, calling it "the most contemptible idea that ever entered into the head of a man; it does not deserve serious refutation."^[1] Parliament rejected criticism of the concept, and passed the Declaratory Act in 1766, asserting the right of Parliament to legislate for the colonies "all cases whatsoever." This was another lead into the American Revolution.

References

1. ^ Merrill Jensen, The Founding of a Nation: A History of the American Revolution, 1763–1776 (New York: Oxford University Press, 1968), 240–41.

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