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.
- ...6 more annotations...
-
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.