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Ed Webb

What is a constitution and what is constitutional commentary? - The Law and Policy Blog - 0 views

  • Every polity has a constitution, in that there can be a descriptive answer to the question of how that polity is constituted. A constitution provides for how the elements of the state are arranged; what each element of the state does and does not do; how tensions between those elements of the state are resolved; and the relationship of each element of the state with the individual.
  • In a happy polity there is not much issue about what each element of the state does. And when there are tensions – such as whether the government or parliament get to make a notification under Article 50, or whether the government can be obliged to publish certain papers when required by the legislature – there are means of resolving those tensions before they harden into contradictions. A constitutional crisis occurs when those tensions cannot be resolved.
  • These are exciting times to be a constitutional commentator. As one based in England, this must be the most exciting time to be a constitutional commentator since the 1680s. (Scottish, Irish and Welsh commentators may – and do – have different views.)
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  • The UK constitution is currently close to crisis over Brexit The ultimate causes of this predicament are, in my view, constitutional and policy.
  • The constitutional cause is that a non-binding referendum result has been treated as a binding “will of the people” which confers absolute authority and cannot be gainsaid, and this has undermined the usual constitutionally balanced roles of parliament, the executive and the judiciary.
  • The policy cause is that an immensely complex task – of UK breaking with the EU after 45 years – has been treated as if it is simple and can be done at speed.
  • ne day soon, we must hope, constitutional law will cease to be exciting and become dull again
Ed Webb

After the prorogation coup, what's left of the British constitution? | British Politics... - 0 views

  • How do we recognise government attempts to deform a liberal democracy so as to get their way? As Putin, Erdogan and a host of others have demonstrated, there must be 50 ways to lose your constitution as any kind of constraint on incumbents exercising raw power as they wish. Perhaps the majority party calls the legislature to consider new laws at 5.30am (without informing the opposition). Or perhaps the opposition is notified but opposing MPs are intimidated by an induced deadline crisis and media blackguarding in every lobby. Perhaps a president suspends the legislature for a lengthy period and governs alone using decree powers supposedly reserved for an emergency, as many a Latin American banana republic did before the transition from authoritarian rule.
  • All the ‘British constitution’ texts have long reiterated the same message. The lack of codification of the UK’s constitution presented no substantial dangers, but instead gifted the country with a set of legal and constitutional arrangements that could easily flex and adapt for changing times and situations. The UK would have none of the irresolvable legacy problems of written constitutions gone obsolescent, such as the USA’s current enduring problems over the Second Amendment on the carrying of firearms. A great deal of faith was also placed in British elites’ developed respect for Parliament, for public opinion and for legality.
  • Theresa May’s government demonstrated not an elite responsiveness to MPs after 2017, but instead an increasingly frenzied exploitation of a host of parliamentary micro-institutions to bulldoze the May-Whitehall compromise Brexit deal through a reluctant Commons where government policies had no majority. This was the curtain raiser for the Johnson government’s more grand-scale effort to unilaterally rework the UK constitution so as to give the PM ‘governance by decree’ powers.
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  • Micro-institutions’ are small-scale rules, regulations, minor organisational norms and cultural practices, scattered across a range of institutional settings and often pretty obscure. They none the less can frequently govern how macro-institutions work out in practice.
  • Arguably, one of the key factors that separates core democracies from semi-democracies like Putin’s Russia is that in liberal democracies micro-institutions work to support democratic macro-institutions, while in semi-democracies they are subverted (subtly or flagrantly) so as to privilege incumbents.
  • the Johnson government (advised by Cummings who is openly contemptuous of parliamentary government) has now sculpted from the equally obscure prerogative powers surrounding the prorogation of Parliament a superficially bland but deeply toxic disabling of the Commons for 35 of the 61 days remaining to avoid a no-deal Brexit.
  • That the Queen and her constitutional advisors accepted this proposal at its face value is yet another nail in the coffin of the old constitution, with the monarch’s vestigial capacity even to ‘advise and warn’ now obliterated and shown up as a fiction, for the meanest of partisan exigencies.
  • Instead of great decisions resting on the clearly expressed will of Parliament, or the consultation of voters via a second referendum or a general election, a minority government and a PM that no one has elected are apparently set on achieving their will by converting to their purposes a swarm of micro-institutions of which almost all voters, and most constitutional ‘experts’ have little or no knowledge. The unfixed constitution has been exploited until it has failed to have any credibility as a guarantor of democratically responsive government or constraint on the executive’s power whatsoever.
  • possibility, though, is that the government lives on, Brexit happens, but the current constitutional failure deepens further into the UK becoming a ‘failed state’ in multiple dimensions, as even some liberal conservative voices have suggested. The management of a liberal democratic state is a delicate business. Coming after prolonged austerity Brexit has already wrought significant damage to the UK governing apparatus, with policy inertia exerting a pall for more than three years. We’ve known since the London and city riots in August 2011 that the UK state is in a fragile and not resilient condition. It is more than ever reliant on the quasi-voluntary compliance of almost all its citizens to carry on working. Johnson’s manoeuvre must cause a further delegitimization of government, risking a spectrum of severely adverse developments that might include significant civil disobedience, some public order turmoil, a weakening of ‘tax discipline’ (‘no taxation without representation’), and in short order the break-up of the UK.
Ed Webb

Right-wing authoritarianism in Britain: lessons from Hungary and Poland | openDemocracy - 0 views

  • The rise of authoritarian right-wing governments has tended to be viewed as a phenomenon confined to the countries on Europe’s eastern ‘peripheries’. This view is derived from an assumption that political authoritarianism is spreading westwards from eastern Europe, potentially destabilising the political democracies in the west. This account is erroneous in two ways
  • Once in power the right-wing governments in Hungary and Poland began to dismantle many of the checks and balances of the liberal democratic system. This has included such things as gaining control of the courts (including the Constitutional Court), politicising the public media, and partially reducing the independent functioning of NGOs. Simultaneously they have adopted a nationalist ideology, replete with hostility towards groups such as refugees and the LGBT community. The governments of Fidesz and the Law and Justice Party have partly allied with and contained far-right parties and movements, adopting many of their policies and rhetoric.
  • Fidesz (partly due to Hungary’s electoral system) has had a constitutional majority in parliament, allowing it to push its reform programme further than its counterparts in Poland
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  • approved a new constitution in 2011, helping it to gain control of the Constitutional Court and introduced political reforms that have cemented its grip on power. However, these have been carried out in a more orderly manner than in Poland, as they have not contravened the constitution. It was partly for this reason that the Polish government initially faced stronger opposition both domestically and from within the European Union.
  • The narrow majority for Brexit, gained at the 2016 referendum, provided the conservative and authoritarian right with a supposed mandate to expand its influence in British politics, through representing the democratic ‘will of the people’.
  • The uniqueness of Britain as a Constitutional Monarchy, with no written constitution, an unelected upper house and a more independent judiciary and civil service also create different challenges for the Conservative Party government. Its attempts to undemocratically force through a no-deal Brexit is meeting robust resistance from the courts and parliament.
Ed Webb

Why the British constitution's finest moment should also be its last | openDemocracy - 0 views

  • the huge set of interests that oppose all EU regulation and that especially want to protect British tax havens for the international investor class. Johnson and Cummings are the shock troops of their shock doctrine
  • constitutions are not dry and arcane matters for lawyers and academics. Constitutions have complex parts just like the engine of your car or train, that need specialist mechanics. But constitutions are also about what kind of country we are, to whom our system of government belongs and the nature of its democracy
  • The Prime Minister claimed the lack of written rules means he can close down parliament when he likes and, in effect, that he and his advisors are beyond the law when it comes to exercising prerogative power. The Supreme Court disagreed. They held their nerve and dismissed such claims outright. But by doing so the judiciary has been forced by the Prime Minister’s own reckless actions to cast aside the de facto separation of judges and courts from the high politics of our country.
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  • Just as democracy is nothing unless it is constitutional, so in the 21st century a constitution is nothing unless it is democratic. This means that if we are to create one, the act of creation must be democratic too.
  • option is the creation of a democracy we can all call our own. This will demand a democratic process that draws upon the deliberation of citizens assemblies to start us on the way to a new constitution. This is what Caroline Lucas MP, who I have been working with, has just eloquently argued outside the Supreme Court.
Ed Webb

How Brexit marks the end of the British story | Latest Brexit news and top stories | Th... - 0 views

  • The pride and pomp of the British in the heyday of empire did not last long. Two world wars impoverished the country and destroyed its empire. (Our 'special relationship' with the USA consisted in getting desperately needed aid during the Second World War in return for a promise to dismantle the empire. Even if the UK could have maintained the empire, which it could not, as proved by Suez, it in effect traded the empire for survival in the 1940s.)
  • Entry to the EEC/EU saved the country's economy and saw it flourish, and offered a new and significant role as one of the big three states in one of the big three blocs in the emerging new post-Cold War world, alongside the USA and China
  • British self-congratulation in the first decade of the 21st century had given a group of people in our political order - a fifth column from the past - the feeling that now was the time to reassert what they mythologised as the spirit of Britain in Queen Victoria's diamond jubilee
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  • There was no other reason for having such a referendum; it was purely an internal Tory party affair
  • The circumstances of the 2016 referendum, its nature, and its consequences, have multiple causes that jointly led to the stupefying mess in the country and its political and constitutional order that we are now in. The Eurosceptics made good use of these other factors
  • the policy from 2010 of austerity and the resulting large and rapid increase in inequality, which affected some areas of the country and economy much more drastically than others
  • a series of bad mistakes and misjudgements by David Cameron and Ed Miliband, the leaders of the two main parties
  • the quality of MPs after decades in the EU. Membership of the EU brought a degree of general consistency and equilibrium to the economies and states of the member nations, even taking into account the misguided austerity policies after 2010 in the UK itself. This has lessened the temperature of political debate in the UK, premised as it is (unlike most other EU countries) on a deeply adversarial style of politics. Before joining the EEC the UK was a theatre of intense struggles between left and right, socialism and capitalism, managements and unions, a pervasive 'us and them' mentality infecting every major decision.That moderated, with a more temperate tone entering politics in the period between the end of Thatcher and the post-2010 coalition. But as a result, politics became somewhat less attractive to energetic, clever and ambitious people, with the result that - with some extremely honourable exceptions - the general quality of MPs is not nearly what it was.
  • Banal careerism, the unchallenged sway of the party whips, unthinking sound-bite ideas as the staple of political discourse, the fact that literally hundreds of MPs in the Tory party can support a profoundly unfit person such as Boris Johnson in the office of prime minister - this is a mark of serious decline in quality of those elected to the legislature.
  • the innate fragility and dysfunction of the UK's outdated and ramshackle constitutional order. The uncodified constitution - 'a series of understandings that no-one understands' - is very convenient for any party that commands a majority in the House of Commons, because they can do whatever they like, always getting their agenda enacted and controlling the business of the House of Commons itself.
  • no separation of powers between the legislature (parliament) and executive (the government - meaning, the cabinet and prime minister)
  • Instead of holding the government to account, therefore, parliament is in effect the creature of the government, and does what the government wants.
  • "elective tyranny"
  • The clique controls the executive, the executive controls parliament, parliament is absolute in its powers: The clique is the tail that wags the entire dog.
  • when people of lower quality, less integrity, less intelligence and less honour populate these offices of state, danger looms. And that danger has burst upon us in the form of Brexit.
  • One of the major scandals of the 2016 referendum is that its outcome has never been debated in parliament. The question, 'Shall we take the advice of 37% of the electorate to take an enormous, uncosted, unplanned and unpredictable step?' has never been debated and voted upon in our sovereign state body.
  • our hopelessly undemocratic first past the post electoral system lies at the rotten core of these arrangements. It disenfranchises the majority of voters, turning them off politics. It puts majorities into the House of Commons on minorities of the popular vote. It entrenches two-party politics, in which elections produce one-party government by turns - with the foregoing 'elective tyranny' resulting. It is a mess, and reform is urgently needed.
  • there is a huge clean-up operation required in our political and constitutional order, in addition to addressing the serious inequalities and injustices in our economy and society
  • We in the UK have skated on very thin political and constitutional ice for a long time; the wealth and prestige of empire, the nostalgic dream it left behind, the self-deceptions and illusions of those who could not see how good a future was developing for us as a leading nation in Europe, made us unaware of the danger. We have fallen through that ice, and the bitterly cold waters we now flounder in must at last wake us up.
Ed Webb

Chile to re-write Pinochet-era constitution in win for protesters - Reuters - 0 views

  • The Chilean government has agreed to write a new constitution to replace one dating back to the Pinochet dictatorship, bowing to demands of protesters who have taken to the streets in often violent demonstrations in recent weeks.
  • the president, cabinet members and political allies had agreed Congress should lead the process of re-writing the constitution. The document would be put to a public referendum.
  • reconfiguring the social contract
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  • A new constitution has repeatedly arisen as a central demand of protesters. Critics have long said the existing document, written and approved during General Augusto Pinochet’s 1973-1990 military dictatorship, lacks legitimacy.
  • Opponents of the overhaul say the current charter has been a pillar of stability for Chile, among the region’s strongest and most investor-friendly economies.
Ed Webb

Why those who care for the constitution should oppose the Conservatives at the general ... - 0 views

  • for many years the Conservatives were the party of quiet, practical constitutionalism. The party inspired by Edmund Burke (although himself a Whig); the party of Lord Salisbury and Lord Hailsham and Norman St John Stevas; the party responsible for life peerages, the Police and Criminal Evidence Act (in everyday terms the most important civil liberties legislation ever passed in the United Kingdom), the select committee system. It is even the Conservative party of all parties that can take the most credit for the European Convention on Human Rights (through David Maxwell-Fyfe) and the Single Market (Lord Cockfield).
  • Under David Cameron and his immediate predecessors, the Conservatives shifted to explicit but hostile ideological positions on constitutional issues complemented by casual disdain. Cameron, for example, insisted that the United Kingdom should repeal the Human Rights Act as a matter of principle. When Cameron was faced with a defeat in the House of Lords in respect of a welfare proposal that was then dropped, he threatened to “reform” the upper house. And when faced with a Speaker of the House of Commons who was not sufficiently obliging to the Conservatives, Cameron and his colleagues sought to get the Speaker replaced. A pattern began to emerge: strident and populist statements in public and cynical manoeuvring in practice.
  • The combination of Brexit (where the Conservatives persist in pretending that complex problems have easy solutions), the notion that a referendum result trumps parliamentary supremacy, and minority government for all but two years since 2010 have accelerated this anti- constitutionalist trend.
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  • the Conservative government became the first administration in parliamentary history to be held to be in contempt of parliament;
  • So distant has the Conservative party travelled from its Burkean heritage, and so radicalised by Brexit and its experience of minority government, that the party’s approach to constitutionalist issues is indistinguishable from that of any populist nationalist authoritarian party
  • if the Conservatives win the general election tomorrow, or continue to govern without an overall majority, then there should be genuine concerns for all who care for the constitution of the United Kingdom
Ed Webb

Why do some Iraqi MPs refuse to be sworn in? - 0 views

  • showing the limits of Iraq's laws. There is no deadline for the president to choose his deputies or a mechanism to dismiss or hold accountable members of parliament who refuse to attend legislative sessions
  • the delay of President Barham Salih in choosing his deputies is “a clear violation of the constitution.” This matter also shed light on the issue of members of parliament who have yet to be sworn in.
  • others who were elected to parliament, including Maliki, former Prime Minister Haider al-Abadi, former Interior Minister Qasim al-Araji, Basra Gov. Basra Assad al-Aydani and acting Kirkuk Gov. Rakan al-Jabouri, continue to refuse to take the oath of office and take up their legislative functions in the legislature. It appears that most if not all of them are seeking through this maneuver to keep their political options open for as long as they can
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  • The Iraqi Constitution and the parliament's protocol have no deadline for the swearing-in of people elected to parliament
  • Khadr said the issue involving the vice presidents has dragged on for a long time because of fears of raising new problems among the political parties, and the difficulty of agreeing on who will take up the vice presidential and deputy prime minister posts and how many such posts there will be.
  • the constitution stipulates in Article 69 that the “law shall regulate the provision of selecting one or more vice president.” Fuad Masum, who served as president from 2014-18, had three vice presidents: Maliki, Ayad Allawi and Osama al-Nujaifi. These are plum posts that some parliamentarians, such as Maliki, want to fill.
  • If a parliament member does take an executive post, there is no law calling for that person's parliamentary seat to be filled by holding a by-election. Instead, a person on the same party or coalition list as the member of parliament who takes an executive post is chosen to fill the vacant parliamentary seat, even if that candidate won fewer votes than a losing candidate from another list in the same constituency.
  • t seems unlikely that the current parliament will amend the laws that have brought about this situation. The political blocs that dominate the political scene do not want to lose the benefits provided by the legislation in force.
Ed Webb

Tunisian democracy in crisis after president ousts government | Reuters - 0 views

  • Tunisia faced its biggest crisis in a decade of democracy on Monday after President Kais Saied ousted the government and froze the activities of parliament, a move his foes labelled a coup that should be opposed on the street.
  • after a day of protests against the government and the biggest party in parliament, the moderate Islamist Ennahda, following a spike in COVID-19 cases and growing anger over chronic political dysfunction and economic malaise
  • huge crowds gathered in his support in Tunis and other cities, cheering, dancing and ululating while the military blocked off the parliament and state television station
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  • In the early hours of Monday, Ghannouchi arrived at the parliament where he said he would call a session in defiance of Saied, but the army stationed outside the building stopped the 80-year-old former political exile from entering.
  • Dozens of Ennahda supporters faced off against Saied supporters near the parliament building, exchanging insults as the police held them apart
  • He said his actions were based on Article 80 of the constitution and framed them as a popular response to the economic and political paralysis that have mired Tunisia for years.However, a special court required by the 2014 constitution to adjudicate such disputes between Tunisia's branches of state has never been established after years of wrangling over which judges to include, allowing rival interpretations of law
  • Two of the other main parties in parliament, Heart of Tunisia and Karama, joined Ennahda in accusing Saied of a coup. Former president Moncef Marzouki who helped oversee the transition to democracy after the revolution said it could represent the start of a slope "into an even worse situation".
  • also suspended the legal immunity of parliament members and that he was taking control of the general prosecutor's office
  • the parliamentary election delivered a fragmented chamber in which no party held more than a quarter of seats
  • Under the constitution, the president has direct responsibility only for foreign affairs and the military, but after a government debacle with walk-in vaccination centres last week, he told the army to take charge of the pandemic response.Tunisia's soaring infection and death rates have added to public anger at the government as the country's political parties bickered
  • Mechichi was attempting to negotiate a new loan with the International Monetary Fund (IMF) that was seen as crucial to averting a looming fiscal crisis as Tunisia struggles to finance its budget deficit and coming debt repayments.Disputes over the economic reforms, seen as needed to secure the loan but which could hurt ordinary Tunisians by ending subsidies or cutting public sector jobs, had already brought the government close to collapse
Ed Webb

Mistrust of elites fuels rise of Tunisia's presidential hopefuls | Tunisia | Al Jazeera - 0 views

  • marginalised neighbourhoods like Cite Ettadhamen have become a key political battleground ahead of the country's presidential runoff on Sunday. In the hope of securing the votes of Tunisia's poor, candidates Kais Saied, 61 and Nabil Karoui, 56, have offered a vision of employment, education, healthcare and improved infrastructure
  • Amid a field of 26 candidates featuring a number of political heavyweights, the two self-styled political outsiders surprised the country by finishing in first and second place in last month's first round
  • Saied, a law professor who has kept a low profile throughout the campaign and whose supporters see as embodying anti-elitism, ran without the backing of a party and won 18.4 percent nationally
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  • Media tycoon Karoui, a populist figure who until Wednesday sat in jail on suspicion of money laundering and tax evasion, took 15.6 percent of the vote. He denies all the charges and says they are politically motivated
  • In Ettadhamen, Saied's humble persona and rejection of the political status quo propelled him to the top, with 21.7 percent of the first-round vote. Karoui, who founded a charity to alleviate poverty and whose Nessma TV channel has promoted his philanthropic activities, trailed in second place on 19.4 percent. Despite his personal wealth, his supporters see him as a liberal champion of Tunisia's poor
  • In a country that ranks as the 73rd most corrupt out of 180 states, according to the Economic Research Forum, mistrust of the political elite has become widespread.
  • 40 percent of Tunisia's unemployed have university degrees
  • it is still possible that Karoui will contest the results if he loses on Sunday - ushering in another period of political uncertainty. "Not only will the parliament be fractured and the government unstable, but the entire electoral mandate could be questioned as well,"
  • While Parliament drafts and votes on legislation, the president's mandate is limited to foreign affairs, defence and national security. But the language of the 2014 constitution remains relatively vague when it comes to setting out the jurisdiction of the president versus the head of government, the prime minister
  • "Given that there is no constitutional court to adjudicate between them, ultimately the distribution in power will be based on the personality of who occupies each position and how far they are willing to go to challenge one another,"
  • growing nostalgia for a strong, presidential system - a desire that is only likely to grow as the fractured parliament struggles to form a government - it is possible that the presidency will emerge as the stronger of the two executives
Ed Webb

How Brexit has battered Britain's reputation for good government | Jill Rutter | Opinio... - 0 views

  • Johnson’s chief adviser, Dominic Cummings, has long had the civil service in his sights. If his reform agenda is about competence, capacity and accountability that could be good news. If it means civil servants are cowed into not challenging ministers on the implications of their plans, it will be bad. The risk is that we end up with Americanisation – with a politically appointed top layer deterring good professionals from staying. Worse still would be the Trumpification of the civil service – with key posts unfilled or filled by people who are wholly unqualified.
  • The roots of all this turmoil lie in the casual approach to constitutional matters that allowed David Cameron to legislate for a referendum as a stratagem to solve a problem within his own party. His memoir suggests that he toyed with the possibility of setting a minimum threshold leave would have to reach in order to win – if he had gone ahead with this, remain would have carried the day. Unlike other countries that use referendums more often and more wisely, the UK has an ad hoc approach to them that has meant since 2016 we have been grappling with how to reconcile representative with direct democracy, an issue finally resolved – though obviously not to everyone’s satisfaction – by the 2019 election
  • Brexit and the election have brought into focus the fragility of the final pillar on which our reputation for stable government rests, the union itself. They have given the SNP a pretext to reopen the independence question, apparently settled in 2014, and have tilted opinion in Northern Ireland, making the prospect of a border poll more likely. Both nations voted to remain in 2016, but the UK system – unlike in formal federations – did not assign that any constitutional significance
Ed Webb

From Belfast to Beirut, A Tale of Elusive Peace | Newlines Magazine - 0 views

  • Power-sharing arrangements have been adopted to bridge the divisions in the two societies. The Good Friday Agreement and the Lebanese Constitution aim to provide a form of democracy that protects the minority community from the majority — or, in the case of Lebanon, any of the 18 religious groups from one another.
  • Lebanon has been without a government for almost a year since the devastating port blast in August 2020 and is facing an economic collapse. In Northern Ireland, a government was finally constituted last year after a three-year hiatus. The period covered almost the entirety of the Brexit negotiations, which will have a seismic effect on the future of the region.
  • Despite almost 25 years of a supposedly cross-community political system, Northern Ireland remains divided along Catholic nationalist and Protestant unionist lines
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  • In Lebanon, a combination of constitutional documents and unwritten conventions guide the power-sharing arrangement. The confessional model that grants power along sectarian lines was introduced by the National Pact in 1943 and was resurrected again by the Taif Accord in 1989. The Taif Accord brokered the end of the civil war and granted the Muslim community a greater share of political power. In 2008, the Doha Agreement was negotiated to prevent another sectarian war. Power was rebalanced to reflect the growing influence of the Shiite Muslim community in Lebanon, represented politically by the Amal Movement and Hezbollah.
  • Political parties, with their entrenched positions, are not keen to open the Pandora’s box of an official census any time soon.
  • Legislative seats are divided equally between Muslim and Christian groups, despite Christians estimated to represent only about a third of the population now. By convention, the office of the prime minister is held by a Sunni Muslim, the office of the president is held by a Christian Maronite, and the office of speaker of the parliament is held by a Shiite Muslim. This is a more rigid allocation of power than in Northern Ireland where, for example, the leader of any party, whether nationalist or unionist, that achieved the highest share of the vote could become the first minister (i.e. the prime minister).
  • Lebanon is in the midst of one of the worst economic crises seen globally since the 1850s. Three decades of consociationalism power-sharing and yet many communities remain religiously segregated, with town officials seemingly unafraid and unashamed to introduce express bans on renting property to members of other religions.Political dynasties maintain a hold on power and, according to international watchdogs, corruption levels in Lebanon have significantly increased in recent years. The “wasta” system of personal connections continues to pervade the delivery of public services, and there is little accountability and oversight in government. No one in the government has been held responsible for the port blast that killed over 200 people and destroyed the homes and livelihoods of more than 300,000.
  • Unlike Northern Ireland, Lebanon is — at least technically — a sovereign state; there is no outside power that can formally step in when parties refuse to form a government. Instead, the previous technocratic government led by Hassan Diab has remained in place as a caretaker but lacks the power to enact the reforms required to unlock international aid
  • The term “power sharing” inaccurately implies an egalitarian arrangement. In reality, what is at play in Lebanon and Northern Ireland is power distribution. The political groups come together to decide how power will be divided under the agreed rules before retreating to rule their respective fiefdoms.
  • control of the prized ministries of economy, finance and education have almost entirely swung between the DUP and Sinn Féin since the first government was formed under the Good Friday Agreement. It’s no accident that less than 10% of children in Northern Ireland attend integrated schools when control of the Department of Education swings between the two parties who benefit the most from polarized communities.
  • The way power is distributed in Northern Ireland and Lebanon makes it relatively easy for one political party or group to bring down or stall a government or policy for their own benefit, but it’s nearly impossible for the public to achieve the same.
  • When al-Hariri resigned as prime minister in 2019, protesters knew that his resignation alone would never be enough to disrupt the system of power while the rest of the political establishment remained in place. “All of them means all of them” was a common refrain at marches.
  • In Northern Ireland and Lebanon, anyone who thinks change might come when a politician leaves office often finds that a son or a spouse appears in his place instead (and it is almost always his). The names Robinson, Poots and Dodds have frequently appeared on the ballot in Northern Ireland while al-Hariri, Jumblatt and Frangieh similarly repeat in Lebanon. The situation brings to mind Greek mythology’s Hydra, a snakelike monster with nine heads. When one head is cut off, two more emerge.
  • The fact that voters in Lebanon are registered in their family town rather than where they live entrenches the power of political dynasties
  • Former militia members also inevitably form part of the political establishment after a conflict. Why else would they give up their arms? But the continued presence of paramilitary groups long after a conflict reinforces distrust and puts peace out of reach.
  • Conflict-era divisions have become entrenched in the political systems of Northern Ireland and Lebanon and are now protecting political parties more than they’re promoting peace
  • The democratic trade-off in power-sharing arrangements is always explained by the lives saved from conflicts ending. But lives are lost to poverty, corruption and negligence too, as viscerally seen with the port explosion in Beirut last August
Ed Webb

The Crisis of Government: Representation Vs. Mobilization - The WorldPost - Berggruen I... - 0 views

  • for numerous reasons, mobilizational authority is currently undermining and challenging representational authority in new ways
  • Liberal modernity takes potentially controversial questions of truth and justice and hands them over to a small group of specialists to deal with so that the rest of us can live in peace. From the time of the English philosopher Thomas Hobbes onwards, the basic compact is that liberal citizens trade shared meaning for security, including prosperity. But for the same reason, there is always a potential vulnerability here that surfaces periodically, as we’re witnessing today.
  • Nothing fuels populism as effectively as the sense of public corruption: the notion that this suspension of private interests is a sham. Today, especially in the age of leaks, social media, systematic scandals and tabloid intrusion, it seems intuitively obvious to many people that public life is a game being played by insiders.
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  • The central feature of contemporary populism is that it is anti-representational, both in a constitutional and an epistemological sense. It opposes representative democracy (favoring plebiscitary alternatives) and professional media (favoring social media or simple propaganda). In place of representation, it favors presentation. This is well-exhibited by a phenomenon such as the Gilets jaunes (Yellow Vests), the French mass movement against economic injustice, in which a political entity comes into being with very little representational consensus on aims, objectives or policies but is primarily constituted by its presence on the streets and on social media.
  • mobilizational authorities. Rather than a grammar of “believe me, this is true,” they work via a grammar of “follow me.”
  • Those whose power rests on a capacity to move people (emotionally and physically) make no claim to being honest or trustworthy; the fact that Trump or the Brexit leader Nigel Farage are liars is irrelevant to a person who is committed to following them
  • Modern populist movements offer what liberalism often cannot: common purpose, meaning and physical congregation for a mass of individuals.
  • the transformation of our media ecology over the past 20 years that has undermined the status of facts in public life — not so much through replacing them with lies or propaganda (although we see instances of this) but with streams of real-time content and data that are so relentless and voluminous that individuals are increasingly dependent on curatorial practices to orient them
  • By their nature, facts are static entities that fit with modern techniques of the printing press, bureaucracy and critical review. But our contemporary media environment is attuned to speed rather than public credibility.
    • Ed Webb
       
      A critical point for understanding our current crisis.
  • even more moderate political controversies now routinely include questions regarding the politics of knowledge and challenges to elite consensus
  • Tighter media regulation, public investment in science for its own sake and support for public-interest journalism and education are all obvious ways in which a shared social reality can be bolstered. People don’t need to be trained in citizenship or national service; they need investment in the conditions of a shared world.
  • Fifty percent of Americans have experienced no increase in real income since the late 1970s. So in what sense is the story of national progress or growth true for these people?
  • Political alienation and disillusionment appear to relate to mortality and morbidity in curious ways. Psychologists have found that awareness of our own finitude can trigger a heightened demand for authoritarianism. The physical experience of pain makes us unusually receptive to messages that make sense of the world, in terms of heroes and villains.
  • Democracy and authority in the age of the digital platform are qualitatively different, allowing outrage to move virally and unpredictably. Being mobilized offers forms of embodied, emotional experience that being represented never does.
Ed Webb

Brexit shows both the importance of the British Political Tradition and the extent to w... - 0 views

  • the British Political Tradition has been increasingly challenged by contemporary developments. Previously, we focused on 3 challenges: the Scottish question; the European question, culminating in Brexit; and the rise of anti-politics, perhaps better seen as a decline of trust in the political elite. We also emphasized that the British political elites’ response to those challenges was, almost inevitably, to defend the British Political Tradition; although this response was, at best, problematic.
  • Executive view has persisted, as, at every stage, it has tried to limit the role of Parliament in the Brexit process
  • The claim of the Executive, and many others, is that the referendum showed the ‘will of the people’, thus giving democratic legitimacy to the decision to leave the EU. In contrast, the claim of a large number, probably a small majority, of MPs is that, in a representative democracy, Parliament should have the final say, although for many of these MPs any decision should respect the referendum vote
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  • The referendum took place, not because the Executive wanted to listen to ‘the people’, but because David Cameron saw it as a way of resolving a continuing problem in the Conservative Party over Europe; and of course, he expected a Remain vote. Cameron’s commitment to the British Political Tradition was clearly evident in the referendum campaign. The Remain side didn’t take account of what citizens thought; rather, they relied on a series of ‘experts’, telling citizens how they should vote. Unsurprisingly, this was counter-productive because a feature of contemporary politics has been a significant increase in distrust of ‘experts’ of all sorts.
  • Boris Johnson, at one and the same time, appeals to the need to fulfil the will of the people, while attempting to curtail Parliament’s role, to the extent of a prorogation of Parliament for five weeks. It is hard not to conclude that his main aim is to force a general election where he will pose as the champion of the will of the people against both Parliament, as unwilling to support Brexit, and the EU, as obdurate and unwilling to compromise. In essence, he is using arguments about democracy to preserve Executive power
  • we may be seeing an increasingly destabilized British Political Tradition. However, the ideas of this tradition, inscribed as they have been in the institutions, processes and practices of British politics remain powerful. Government has tried to assert its authority over Parliament, to hold to the idea of strong government so crucial to the British Political Tradition
  • In this context, we need a system based upon two different, but related, balanced interactions: one between the legislature and the executive; and the other between representative and participatory democracy. To achieve the first balance, we need to return to the issue of constitutional reform, including changing the electoral system, to make it more representative, and to strengthen freedom of information, to make it easier to hold government accountable. To achieve the second balance, we need, not referenda, but, rather, increased co-production of policy and implementation. In addition, we would suggest that we need to take the issue of subsidiarity more seriously.
Ed Webb

The Algerian Hirak: Young people and the non-violent revolution | openDemocracy - 0 views

  • 18 October marks the 35th week of mass demonstrations involving millions of people in cities across Algeria. It follows a week of even larger marches, by students, workers and the general population for democracy, against repression of young people in the protests, against corruption and that an illegitimate parliament is now attempting to debate laws such as the Hydrocarbon Bill.
  • Upon the trigger of President Bouteflika’s decision to stand for a fifth mandate, violating the constitution, following Friday prayers, millions of Algerians took to the streets to demonstrate for democracy –breaking a wall of fear against protest.And they have occupied that space ever since.
  • Every Friday since that date, millions of Algerians have marched in every city of the country. Every Tuesday millions of students have marched. And every week, concessions and reforms have been made in response.
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  • a phenomenal and impressive movement in Algeria, nothing less than a revolution. And it is one which has taken over every city, every institution, every family and every individual man, woman and child across the country.
  • Bouteflika stood down in April 2019. Many high-ranking politicians have been tried on corruption charges and imprisoned. Businessmen connected to the elite have been tried. With each demonstration, the Hirak has won concessions from the regime – and they are not giving in until as the rallying cry calls for - Yetnahaw Gaa – all those associated with the regime Must Get Out.
  • The Hirak seems to have no leaders. It has developed slogans, songs, many taken from the football stadiums where an intelligent and astute political narrative has developed in recent years. It continues in multiple forms from cultural activities in main squares, dialogue and debates on the steps of the national theatre, to collective cleaning up of public spaces. The creative energy, ideas of the young people, women, students, workers – all sectors of society - is its lifeblood.
  • this week has seen a massive escalation of the protests in response to what is seen as now an illegitimate government trying to pass new bills in Algeria. Combined with cases of violence against students – the reasons for maintaining the protests are profound ones and Algerians will continue to demonstrate.
  • Most importantly, however, is the question of reconciliation between Algerians, with all sections of society marching and protesting together. These are the beautiful moments of the Hirak – when thousands of people have been vocally challenging detentions, using the “mahraz”, in solidarity with detainees. Or when the Algerian Youth Orchestra took over public space in Jijel and performed to local people. When in Blida, artists have claimed back the square through the cultural Hirak.
  • Can a proposed 12 December election take place if not all members of the Issaba – the bandits as the regime has been renamed – are gone?
  • Who can stand in these presidential elections, who is completely untied to a regime which infiltrated so much of Algerian life?
  • First, Algeria has a highly educated population – the number of universities and the number of students has increased dramatically in the last decades – and these are the heart of debates about reform and development of the country. Second, the Arab Spring in Algeria happened in 1988. Algeria’s democratisation process in 1990 – despite its tragic consequences of the cancelled elections in 1991 and the violence that ensued - left a Constitution which allowed associations and political parties to form. Despite the violence, Algerians have mobilised and organised in their thousands since 1990 in the most difficult of conditions.
  • one of the most powerful and promising revolutions in Africa.
Ed Webb

Corsican language ban stirs protest on French island | France | The Guardian - 0 views

  • A court in Corsica has prompted outrage by banning the use of the Corsican language in the island’s local parliament.The court in the city of Bastia cited France’s constitution it its ruling on Thursday that French was the only language allowed in the exercise of public office.Corsican, which is close to standard Italian and has about 150,000 native speakers, is considered by the UN’s cultural organisation Unesco to be in danger of becoming extinct.
  • the court said local rules effectively establishing “the existence of a Corsican people” were also a violation of the constitution.
  • Macron said last month that he had “no taboos” about reforming the status of Corsica, which is a sunny Mediterranean island beloved by holidaymakers. But he insisted that Corsica had to remain part of France.
Ed Webb

The Revolution Is Only Getting Started - The Atlantic - 0 views

  • revolutions are periods in which social actors with different agendas (peasants stealing rabbits, city dwellers sacking tollbooths, lawmakers writing a constitution, anxious Parisians looking for weapons at the Bastille Fortress) become fused into a more or less stable constellation. The most timeless and emancipatory lesson of the French Revolution is that people make history. Likewise, the actions we take and the choices we make today will shape both what future we get and what we remember of the past.
  • That comparisons can so easily be made between the beginning of the French Revolution and the United States today does not mean that Americans are fated to see a Reign of Terror or that a military dictatorship like Napoleon’s looms large in our future. What it does mean is that everything is up for grabs. The United States of America can implode under external pressure and its own grave contradictions, or it can be reimagined and repurposed.
  • Life will not go back to normal for us, either, because the norms of the past decades are simply no longer tenable for huge numbers of Americans. In a single week in March, 3.3 million American workers filed new unemployment claims. The following week, 6.6 million more did the same. Middle-class Americans who placed their retirement savings in the stock market have recently experienced huge losses. Even before the pandemic, black Americans on average had only 7 percent of the wealth of white ones (Native Americans, even less). Among non-Hispanic white Americans, deaths from drug abuse, suicide, and alcohol continue to rise. Nearly 2.5 million people are incarcerated. Trust in existing institutions (including the Electoral College and Congress) was already vanishingly small.
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  • As sources of information proliferated, long-standing sources of authority (monarchy, aristocracy, and the established Church) feared losing power and turned reactionary. At the same time, the longer-term transformations on which these social and cultural innovations were built—the growth of European overseas empires and the emergence of settler colonialism, massive silver exports from South and Central America, the trans-Atlantic slave trade—continued, and in ever more brutal forms. More than 6 million Africans were sold into slavery in the 18th century—a time that some still call the “Age of Enlightenment.”
  • Today, as in the 1790s, an old order is ending in convulsions. Even before the coronavirus prompted flight cancellations and entry bans, climate activists were rightly telling us to change our modes and patterns of travel. Even before nonessential businesses were shut by government orders, online shopping and same-day deliveries were rapidly remaking retail commerce, while environmental concerns and anti-consumerism were revolutionizing the fashion industry.
  • real revolutions are the ones that nobody sees coming
  • The men and women who made the French Revolution—a revolution which, in a few short and hectic years, decriminalized heresy, blasphemy, and witchcraft; replaced one of the oldest European monarchies with a republic based on universal male suffrage; introduced no-fault divorce and easy adoption; embraced the ideal of formal equality before the law; and, for a short time at least, defined employment, education, and subsistence as basic human rights—had no model to follow, no plans, no platform agreed upon in advance. As the UCLA historian Lynn A. Hunt has argued, they made it up as they went along. Yet for more than two centuries, elements of their improvised politics have been revolution’s signature features: a declared sovereignty, devised symbols, an anthem, war. At the junction Americans face today, however, we need to imitate not the outcome of the French revolution but the energy, creativity, and optimism of the French revolutionaries.
  • In hindsight a revolution may look like a single event, but they are never experienced that way. Instead they are extended periods in which the routines of normal life are dislocated and existing rituals lose their meaning. They are deeply unsettling, but they are also periods of great creativity.
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