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