Constitutional Convention Now!

We Need To Constrain Unchecked Government Power, For The Sake Of Brexit And Our Future Democracy

Samuel Hooper4 Comments

Dr Phillip Lee MP - Tory government minister - reverse Brexit based on economic forecasts

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Does the UK government have the unilateral right to ignore instructions from the electorate if it finds them to be “harmful” based on narrowly subjective criteria? And if so, shouldn’t we do something to constrain that power?

A couple of days ago I mused that the most fundamental question facing both Britain and America right now is that of whether or not the people should be permitted to make mistakes as they participate in the democratic process.

Regardless of whether one thinks that electing Donald Trump and voting for Brexit were “mistakes” or not (and I strongly believe that Trump was a mistake and that Brexit is not), it is a question we must ask ourselves because of the nature of the opposition to both. In both countries, large parts of the opposition are not content to let events play out and then capitalise at the next election; rather, many want to thwart these unwelcome electoral decisions altogether.

This is best encapsulated by the #Resistance movement in America and by the #FBPE (follow-back pro-European) social media movement in Britain – people convinced that their nation has made the wrong choice, and unwilling to wait for the “regular order” of the normal democratic process to reverse what they see as an existential mistake made by the voters.

Yesterday I wrote:

In both cases, the objectors – those who want to summarily impeach Donald Trump or overturn the EU referendum result in the light of “new facts” – are actually saying something quite serious. They are saying that in the cases of highly consequential decisions, the people are wrong and should not be allowed to inflict their wrongness on the country via the ballot box.

The implication is that some decisions are simply too important, consequential or irreversible to be left to the direct judgment of the people (unless, conveniently, the choice in question can be blended with a bunch of other decisions in a general election, supported by all the main political parties and thus be preserved in perpetuity). And the clear subtext is that the ruling classes know best, are imbued with a deeper wisdom and sense of morality which must prevail any time there is a conflict between the governed and the governing.

I also wrote that politicians rarely if ever explicitly come out and actually say that they reserve the right to overturn or ignore a decision made by the people and expressed through the political system if they happen to dislike it. Rather, they obfuscate and couch this point (or threat, depending on how you interpret it) with grave warnings about the dangers of populism – some of which are valid, but which are never accompanied by an explicit statement of the precise circumstances under which the political class reserves the right to reject an electoral decision made by the people.

But no sooner had I published these thoughts than I came across a story in the Huffington Post reporting that Conservative junior government minister – Dr. Phillip Lee MP – last night made the following statement in a short burst of posts on Twitter:

The next phase of Brexit has to be all about the evidence. We can’t just dismiss this and move on. If there is evidence to the contrary, we need to see and consider that too. 1/3

But if these figures turn out to be anywhere near right, there would be a serious question over whether a government could legitimately lead a country along a path that the evidence and rational consideration indicate would be damaging. This shows the PM’s challenge…2/3

The PM has been dealt some tough cards and I support her mission to make the best of them. It’s time for evidence, not dogma, to show the way. We must act for our country’s best interests, not ideology & populism, or history will judge us harshly. Our country deserves no less 3/3

My emphasis in bold. Phillip Lee is stating here what most politicians are only willing to tiptoe around – the fact that the government and the political class reserves the absolute right to ignore an instruction from the electorate if an ill-defined process of “rational consideration” of a certain pool of “evidence” that they themselves select means they think that it would be unwise to do so.

Still we get no specifics about just how potentially damaging a scenario would have to be or what form the damage would have to take for this antidemocratic override of elitist salvation to kick in, but here we have an admission in plain English, from the mouth of a government minister, that senior politicians think in this way. But if government ministers are going to publicly claim the prerogative to ignore an instruction from the electorate if they happen to dislike it, at the very least the people have a right to know the precise circumstances and criteria under which this might happen, both now relating to Brexit and in the future relating to the many other important national decisions that we will have to make in coming decades.

And as I wrote yesterday, this is just further evidence that Britain needs to debate and ratify a written constitution for the United Kingdom, one which “upgrades” the patchwork of our unwritten constitution and augments or replaces large parts of it with a document which clearly sets out the limits on government, the rights of the people, electoral and judicial processes and more, all in a language which people have a fighting chance of understanding.

But in the short term, for Brexit’s sake if nothing else, we also need to challenge Dr. Phillip Lee’s casual but totally unproven assertion that “evidence and rational consideration” might give the government legitimate grounds to ignore the result of the EU referendum. Phillips is clearly talking here only about the economic case – he references the leaked Brexit Impact Report. But by restricting his focus on the reasons for Brexit to such a narrow point he is saying that either the non-economic reasons for voting to leave the European Union don’t exist, or that they do exist but are outweighed by the economic reasons to remain.

This is a considerable feat of omission by Phillip Lee, one which is best illustrated with an example.

Imagine – and I acknowledge that this is an extreme example to which I draw no direct parallel, though it clearly illustrates my point – that one were to take Dr. Phillip Lee back to the Britain of 1939 as war loomed, or in 1940 after Dunkirk. Would he have counselled appeasement of Germany on the same grounds? After all, if one considers only the economic metric, the Second World War was always going to be utterly ruinous for Britain. Aside from the military and civilian casualties our cities were levelled, our industry appropriated by the government (and in some cases not returned to private hands for decades), food and clothing were rationed, arts and science were overshadowed and our footprint on the world stage shrank in every conceivable way.

Surely, then, the right course of action would have been to make a deal with Hitler, no? Peace at any costs? After all, we are only considering the economic metric here, because we are “rational” and look only at Approved Facts. After all, life under a puppet Westminster government wouldn’t have been so bad for most of us. Who really needs self-determination so long as the occupying power is delivering the many fruits of a non war-ravaged economy? And hey, who knows, maybe the Nazi war machine might even have helped modernise British industry, which was already falling behind our competitors at the time. On every front, things would have been better had Britain stayed out of the war. Loved ones would have lived and families remained intact. Our major cities would not have been pockmarked with bomb damage. Coventry Cathedral would not be a burned out shell (though I mean no disrespect to its replacement).

Now, the decision to go to war in 1939 is not the same as the decision to leave the European Union. But it was Phillip Lee, not me, who proposed a vague, ethereal set of criteria under which the government might claim the right to overrule the people in the event that politicians think they know better on a key national issue. I am simply showing one reasonable endpoint of applying the very framework that he proposes.

In reality I do Phillip Lee the courtesy of assuming that he would not have been an appeaser, that his intellect and moral code would have compelled him to risk immense short-term harm – not just to Britain’s economy but to our very continued existence as a country – in service of a higher goal, namely freedom. Further, I am convinced that Phillip Lee would not have had to sit down for a second weighing the risks and creating economic forecasts before arriving at his decision. Because Dr. Lee knows as well as I do that cold hard numbers do not encapsulate the value of this country or the dignity, resilience and potential of her people.

And yet Dr. Lee is quite happy to pretend – again, I do him the courtesy of presuming that he is intelligent enough to actually understand that other very valid and serious arguments were in play during the EU referendum but simply chooses to ignore them to bolster his argument – that the entire decision should be based on a government cost-benefit analysis or the output of an Excel spreadsheet on a Whitehall computer.

We see this again and again from Remainers – this steadfast, stubborn, furious refusal to look at the question of Britain’s membership of the European Union in anything other than their own chosen short-term economic terms. People doubtless have their own reasons for thus deliberately restricting their peripheral vision, but at this late stage none of those reasons can be deemed honourable or respectable. Dr. Lee knows full well that whether one agrees with them or not, there were very valid arguments about sovereignty, self-determination, trade relationships, immigration and national identity which together with the economic warnings formed the complex backdrop against which every single one of us cast our vote on 23 June, 2016.

To pretend that the sudden discovery of “new evidence” (as if the publication of a new economic forecast can be called “evidence”, given their consistent record of alarmism and inaccuracy) constitutes anywhere near sufficient reason to overturn a national plebiscite which was based on a multitude – a multitude – of factors, is deeply disingenuous and really an affront to any notion of democracy.

Furthermore, it is a total fallacy to talk piously about the need to respect “evidence and rational consideration” when deliberately focusing only on the evidence you want to see, and simply pretending that no other evidence and no other rational arguments exist for the opposing side.

Even if you are an ardent Remainer, this should concern you. Because after the government uses this get-out clause to avoid following the direction given to them by the EU referendum, what’s not to stop them from starting to disregard other, future directives from the electorate? After all, we have no written constitution to constrain the government or make our rights and the separation of powers crystal clear.

I think that Dr. Phillip Lee knows all of this. I believe he is a good person simply trying to win the argument for his side, or perhaps just blinded against other perspectives after years of percolating inside a bubble where the very idea of life outside a supranational government of Europe seems absurd. But he his also spinning a falsehood. Remainers in general are spinning a pernicious falsehood, and have been doing so since the referendum campaign began. And now that this falsehood threatens the integrity not only of the EU referendum vote but of our wobbly, unwritten constitutional settlement it needs to be confronted and stopped.

If Dr. Phillip Lee genuinely thinks that the government has the authority to unilaterally disregard the result of a referendum in which it committed in its own propaganda to obey, let him clearly state the case. Let him publicly outline first the legal and then the moral basis on which such an act might be justified, and provide other examples of when such a code might apply.

And then let’s have another talk about that boring old campaign for a written constitution.

 

Update – 31 January

Reports suggest that Dr. Phillip Lee MP has now been slapped down by Downing Street and told to “air his views in private” rather than on Twitter in future. However, the government has not explicitly repudiated Lee’s argument. Whether this is due to their continuing incompetence, internal division or secret agreement remains to be seen.

 

Political System of the United Kingdom - Britain - UK

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Don’t Expect Better Political Outcomes In Britain Until We Change The System

Samuel Hooper2 Comments

Brexit - EU protesters - Breverse

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Upset by how Brexit is being prosecuted by the government, overseen by Parliament and reported on by the media? It’s time to stop lamenting the symptoms and fixing the underlying issues with our constitution and system of government

Of the sum total of British political discourse at all levels, a good 95 percent is probably spent whining about events with just 5 percent devoted to thinking about the systemic issues which all but ensure that our political system continually throws up results we don’t like or believe to be illegitimate, over and over again.

I was musing on this the other day, and started a rambling Twitter thread on the state of British democracy which I thought was worth spinning into a slightly longer blog post, if for no other reason than to prevent the words being buried deep in the dusty archives of Twitter. And so here are those same words, expanded and transplanted to the even dustier archive of this blog instead.

The great question before us in these challenging times is this: Should the people, as they participate in the democratic process, be permitted to make mistakes? This is the underlying but often obscured contention behind some of the most contentious issues in British and American politics right now, namely Donald Trump and the “resistance” to his presidency in the United States, and the effort to undermine or reverse Brexit here in the UK.

Rightly or wrongly, the political classes of both countries, as a whole, object both to the policy initiatives of Trump and Brexit as well as the tone and context in which these events transpired. Parliament may have voted convincingly for Britain to invoke Article 50 of the Lisbon Treaty and commence the process of secession from the European Union, but few MPs believed that it was a good idea and many only voted to do so under duress. In America, most Republican politicians have either chosen to circle the wagons around Donald Trump or study feigned ignorance of his unsuitability for high office, in both cases because they see him as a useful idiot and an automatic pen with which to sign their own policy priorities. Yet hardly any of these Republican politicians are firmly aboard the Trump Train.

Whether it is Republican politicians using illegal immigration as an issue to get themselves elected in opposition only to blanch at the idea of illegal immigration actually being significantly impeded or reversed now they are in power, or Tory MPs building entire careers on moaning about Britain being ruled by a nascent European superstate only to fall in line with David Cameron and the Remain campaign during the referendum, there is a deep and unpleasant hypocrisy at work – a hypocrisy which needs to be acknowledged and confronted whether or not one agrees with the policies in question.

In both cases, the objectors – those who want to summarily impeach Donald Trump or overturn the EU referendum result in the light of “new facts” – are actually saying something quite serious. They are saying that in the cases of highly consequential decisions, the people are wrong and should not be allowed to inflict their wrongness on the country via the ballot box.

A degree of catastrophisation is required to pull off this argument, given how odious and undemocratic it sounds when stated plainly. And so we hear wildly overwrought tales about how Donald Trump represents a near-physical threat to designated minority groups, or that Brexit will see the UK economy returned to the stone ages.

The implication is that some decisions are simply too important, consequential or irreversible to be left to the direct judgment of the people (unless, conveniently, the choice in question can be blended with a bunch of other decisions in a general election, supported by all the main political parties and thus be preserved in perpetuity). And the clear subtext is that the ruling classes know best, are imbued with a deeper wisdom and sense of morality which must prevail any time there is a conflict between the governed and the governing.

Yet rarely do the decisions thus normally kept out of the reach of the people rise to this level of irreversible calamity. Take immigration. If throttling illegal immigration would harm the economy, do politicians have the right to override electoral wishes, even if the decision could be reversed? How great would the economic harm have to be, how would it be measured and how would it be balanced against any other factors?

Secession from the EU is rather more complicated, since reversal would likely involve the UK returning to the bloc on worse-than-current membership terms and therefore only ever be partially complete. But again, it could be done. So should politicians have the right to prevent the people from making only semi-reversible decisions? And if so, what are the criteria which should be met in order for politicians to step in and ignore popular opinion in order to effectively prevent the public from potentially scraping their knees?

Sometimes, though, the argument becomes more distasteful. Many polls have suggested that the British public would back the restoration of the death penalty given a straight-up referendum. Should politicians allow people to make that “mistake” too, and if not, what clearly written and easy for laymen to understand justification is there or should there be for thwarting such an odious policy change?

I am not (yet) a constitutional lawyer and I don’t have answers to all of these conundrums, but it seems clear that the current processes (if you can even call flying by the seat of your pants and making it up as you go along a “process”) that we in Britain have in place to adjudicate questions of vital importance are wholly inadequate to the decisions now before us.

When should referenda be offered, and when should they not? If they are to be offered, when should they be advisory and when should they be binding? When should blanket decisions be made at the national, supranational or local levels, and are exemptions ever to be allowed, and under what circumstances? What recourse should the public have when repeatedly rebuffed on a subject by politicians?

Many of these questions could be foreseen & mitigated through a well-written constitution which clearly prescribes the powers reserved by the people and those which are lent to local, national and supranational government. If we abandoned the Traditional British Fudge in favour of a written constitution, no longer could we so plausibly claim that we didn’t know what we were doing or that the outcome of any constitutionally legitimate process was unfair.

Of course a written constitution would not be a cure-all. Much would depend on the process of drafting such a document, who could participate and whether the process was taken seriously or simply used by special interests as an excuse to shoehorn every last entitlement onto the statute books as a “corporate necessity” or “human right”.

Britain’s constitutional monarchy is another complication, being one of those institutions which nobody would think to invent today but which arguably serves its purpose well enough and is part of the rich cultural fabric of our country that cannot be measured and summed up in an Excel spreadsheet. Embarking on any kind of constitutional convention would immediately generate enormous friction with the monarchy and its strongest supporters, which is one of the key reasons why such a movement has never properly gotten off the ground (with some honourable near-exceptions).

But unless we bite the bullet and physically write down a code of governance under which we are all willing to live, we are going to keep coming up against political elites of one faction or another assuming a divine right to attempt to implement their own worldview, wholesale, over the objections of others.

It’s worth noting too that such a national conversation was neither realistically possible nor worthwhile so long as Britain was bound to remain a member state of the European Union. When you are busy being slowly subsumed into a supranational government of Europe with its own ideas of federalism and subsidiarity, tinkering around with a little old national domestic constitution is almost laughably pointless, comparable to an animal grooming itself in ignorance of its surroundings while a much bigger predator sneaks up from behind.

It is only now that we have taken the first (hesitant and often erroneous) steps toward undoing the error – or great national act of settling for second best – that was our EU membership that we more fully realise the flaws in our own system and have the opportunity for a serious discussion about what comes next.

So what would such a constitutional document look like? That is a big question best left to a separate blog post but at the highest level I believe that any law or treaty which threatens to impinge on the life, liberty or property of other citizens – things like the death penalty or confiscation of property – should, *if* ever put to a referendum, require such a super-majority that the process is not easily abused by demagogues.

Other decisions, though, should be put within much readier reach of the hands of the people – such as whether successive UK governments are authorised to freely give up vast areas of sovereignty, wholesale, without sufficient oversight or realistic chance of painless future revocation.

I am open, for example, to the argument that the EU referendum should have required a certain threshold of victory to achieve quorum and passage, but then so every significant EU treaty signed by successive UK governments should have been put to the British people – the most recent of which would certainly not have been approved and ratified. But we are where we are and there is very little point crying over spilt milk – the best we can do is fix the system for the future.

At present there are virtually no meaningful checks and balances in our democracy. Victory goes who whoever can summon the loudest and most vociferous outrage, either on the pages of the tabloids or (far more effectively, though curiously less controversial) at the dinner parties & papers of those in the governing class.

By all means, we can keep blundering on as we are, lurching from crisis to crisis, failing to tackle our problems in a systemic way and then just working ourselves into a spittle-flecked outrage each time our broken system throws up a result we don’t like. That’s Option 1. Option 2 involves stepping back a bit and thinking about what kind of constitutional, governmental processes are most likely to yield outcomes which we can all get behind.

Option 2 is far more boring and requires more work, and lacks the appeal of being a meme-worthy MP, smug newspaper editor or shouty TV news talking head. But that’s what we need to do at this point, because given the period of discontinuity we have entered (one which affects many other countries too), there will be other hugely consequential decisions to make down the line, and we need to handle them a hell of a lot better than we are currently handling Brexit.

As a country, our capacity to competently govern ourselves has atrophied and withered during our 4+ decades of EU membership. That membership, combined with a bipartisan but increasingly broken centrist consensus, succeeded in masking the extent of the rot for some time, but no longer. Now the rot has been revealed and the full horror of the decay is clear to us, effecting every branch and level of government from the town council to 10 Downing Street.

If, as a side benefit, a period of serious reflection on how we govern ourselves as a country (whether or not that leads to a constitutional convention) further exposes just how ill equipped many of our institutions and present leaders are to navigate these national challenges, so much the better.

Sunlight can often be the best disinfectant.

 

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The Story Of Hamilton Is Also The Story Of Brexit

Samuel Hooper3 Comments

Hamilton musical - London - Brexit

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What do the latest imported smash hit musical from America and Britain’s historic vote for Brexit have in common? The answer, it turns out, is nearly everything.

It has been frequently remarked, that it seems to have been reserved to the people of this country, by their conduct and example, to decide the important question, whether societies of men are really capable or not, of establishing good government from reflection and choice, or whether they are forever destined to depend, for their political constitutions, on accident and force
—  Federalist No. 1, Alexander Hamilton

Yesterday evening I succumbed to the hype and went to see the London production of Lin-Manuel Miranda’s hit musical Hamilton, newly opened at the Victoria Palace Theatre.

Hamilton tells the story of Alexander Hamilton, American statesman and Founding Father, most famous for having been a delegate at the constitutional convention of 1786, writing many of the Federalist Papers, moulding the new country’s financial system as Treasury Secretary during George Washington’s presidency and having been killed in a dual by political rival Aaron Burr. Through his words and intellect, Hamilton made an enormous contribution to the birth of America, yet his untimely death robbed him of as prominent a place in history as his legacy deserved.

At first glance this might not seem the most promising material for a musical show, but theatre aficionados have been buzzing about Hamilton since it premiered in New York to rave reviews back in 2015. Such has been the show’s rapturous reception that it is fairly hard to find a negative review, let alone a ticket, especially in New York where tickets for the Broadway production have traded hands on the secondary market for insane sums of money.

Being something of a contrarian, I arrived at the theatre in sceptical mood, perhaps too eager to find fault with something that was being universally praised by everyone else. I was sceptical that the rap and hip-hop musical styles which predominate would be a good fit with the narrative material, and worried that the much-discussed “colour-conscious casting” might be little more than a convenient excuse to shoehorn an identity politics lecture into what should be an evening of entertainment.

As it turned out, my scepticism was blown away and any worries about ideological virtue signalling were (mostly) unfounded. Hamilton is an excellent show, the musical genres and clever allusions to other composers from Gilbert & Sullivan to The Notorious B.I.G. draw you in to the story rather than distracting from it, and the source material (Lin-Manuel Miranda based his show on the 2004 biography of Alexander Hamilton written by Ron Chernow) is catnip for history and constitutional geeks like me.

But as I watched the first act build to a climax – after Alexander Hamilton has arrived in New York, become involved in the revolutionary movement, served as General George Washington’s aide-de-camp, fought at Yorktown, studied law in New York after independence was won and ultimately chosen to be that state’s junior delegate to the constitutional convention in Philadelphia, which laid the foundations for the United States of America as we know it today – something else occurred to me.

It provoked groans and assorted expressions of incredulity from my wife and our friend when I confessed my epiphany during the interval, but as the show progressed I realised that the story of Hamilton – of people forging a new and uncertain path through a world in flux – is also the story of Brexit. Bear with me, and I shall explain why.

After they won the War of Independence, Americans didn’t know exactly what they were creating or the experiment they were embarking on. They knew that remote and authoritarian rule from an overseas power was intolerable and injurious to their right to freedom and self-determination, but having thrown off the shackles of monarchy there was no set template for them to follow, no clear-cut alternative to which they should naturally gravitate.

Much of the detail as to how freedom from empire would actually work in practice had to be hashed out in contentious discussions, first formalised in the 1777 Articles of Confederation between the thirteen original states and later in the 1787 Constitutional Convention. This was a time of uncertainty, but it was also an exciting time ripe with promise. Then, as now, there was a new world to build.

Today, we face similarly profound questions about how humanity should best govern itself in changing times, as the epoch of the nation state finds itself threatened and undermined by powerful forces such as globalisation, automation, mass migration and the need to balance smart regulation of international trade in all its technical complexity with the need to preserve democracy and the ability of ordinary people to defend their local priorities and concerns in the face of corporate technocracy.

The existing political order has never looked less equipped to deal with these challenges, or been so discredited and seemingly unequal to the serious task at hand. In Britain, the political class have forged ahead with a centrist, corporatist vision regardless of which political party was in power for the past three decades, an incredibly narrow Overton Window effectively shutting out a huge range of reasonable, non-extremist political ideas from the national political debate. And in the United States, politicians of both parties peddled the illusion that the post-war manufacturing economy could be resurrected together with the promise of a comfortable middle-class lifestyle sustained by semi-skilled manual labour requiring limited education.

In both cases the people themselves were partially to blame for falling for false promises and in some cases practically demanding to be lied to by pandering politicians, but regardless of ultimate fault it has increasingly dawned on people that national and international institutions as presently configured have not met the challenge of our times and can not keep pace with a world increasingly knitted together by technology.

The European Union, held up by its naive supporters as the unquestionably superior way for nations to peacefully cooperate (despite not being replicated on any other continent), has conspicuously failed to effectively tackle nearly all of the big challenges thrown its way, from the migration crisis to the pitfalls of monetary union to rampant corruption in some member states and growing authoritarianism in others. And through all this, despite Herculean efforts and vast sums of money spent with the aim of forging a cohesive European demos – a body of people who hold their European identity in equal or greater worth than their national identity – no such demos has formed.

The EU’s “if you build it, they will come” strategy, creating all of the institutions required for a supranational political state in the expectation that a demos would magically follow along to grant them legitimacy, has failed. Outside Britain, where misguided and low-information young idealists sing Kumbaya and paint the EU flag on their faces, euroscepticism among young people is increasing as more people recognise that the institutions of Brussels present a beguiling but erroneous vision of the future. To all these challenges and more the European Union has nothing to offer save more political integration for the sake of political integration. The EU has no answer, just as remote and exploitative monarchy failed to redress the legitimate grievances of the American colonists.

A recent article by Bradley Birzer in The American Conservative about the limited lifespan of any system or institution of government certainly applies to the European Union and other pillars of the post-war world order as much as it does to the nation state:

One must remember that no republicans believe their republic can last forever. A republic, by its very essence, must rely on its organic nature, a living thing that is born, flourishes, decays, and dies. It is, by nature, trapped in the cycles of life, bounded by the walls of time. While a cosmic republic might exist—as understood by Cicero’s “Cosmopolis” and Augustine’s “City of God”—it existed in eternity and, therefore, aloof of time.

For better or worse, the Roman Republic reflected not just nature, but the Edenic fall of nature as well. We can, the Roman republican Livy recorded, “trace the process of our moral decline, to watch, first, the sinking of the foundations of morality as the old teaching was allowed to lapse, then the rapidly increasing disintegration, then the final collapse of the whole edifice.” The virtues of the commonwealth—the duties of labor, fate, and piety—gave way to the avaricious desires for private wealth. When young, the Romans rejoiced in the little they had, knowing that their liberty from the Etruscans meant more than all the wealth of the material world. “Poverty, with us, went hand in hand with contentment.” As the republic evolved and wealth became the focus of the community, not sacrifice, so the soul decayed. “Of late years,” Livy continued, “wealth has made us greedy, and self-indulgence has brought us, through every form of sensual excess, to be, if I may so put it, in love with death both individual and collective.”

Who can deny that some aspects of our present society – our materialism, individualism and instinctive fear of anything that might (no matter its virtue or long-term benefits) temporarily disrupt the steady accumulation of wealth, assets and positive experiences which we increasingly expect and demand – are worryingly reflected in Livy’s words?

To paraphrase Birzer, all things must come to an end. The Britain of today is not the Britain of thirty years ago, just as the dogmas of Ronald Reagan’s “Morning in America” no longer automatically apply to the American present. We have witnessed tremendous progress in that time, but also political and social atrophy. We are not what we once were, and neither should we cling on in futility to what is past. Many Remainers, having fixed in their minds the false image of Brexiteers as Mafeking stereotypes – curmudgeonly old retired colonels pining for lost empire – fail to realise that through their devotion to the European Union it is they who yearn to preserve the past, slavishly devoted to an anachronistic mid-century blueprint for a new world order, one which came to partial fruition, peaked and then found itself wholly inadequate to the stormy present.

Brexit is not a magical elixir sufficient to address the stormy present or dissipate the challenges we face, but it is a necessary first step to confronting them, just as Alexander Hamilton and the other Founding Fathers could not fully contemplate and realise their revolutionary new system of government until they had first thrown off the shackles of monarchy. Looking at Brexit as a narrow and obstinate project to reclaim full sovereignty or purely as a technocratic matter of trade regulations is to miss the point – we are seeking not to go back but forward, and Brexit is a necessary (though not a sufficient) condition to enable this progress.

It pains me to read much of the coverage and commentary around Brexit, which overwhelmingly ignores the big picture and the long term to obsess over speculative short term costs. It is vital to consider short-term costs and risks in any endeavour, but good policymaking is only possible when short-term considerations are balanced with a broader, longer-term perspective. Remainers often react with incredulity to the suggestion that anything might matter beyond next year’s GDP growth rate, but the American colonists of Hamilton’s day were every bit as concerned about their economic prosperity and security as their modern-day British counterparts; they just also realised that other issues were at stake, issues worth enduring the hardship and destruction of a revolutionary war to correct.

We in modern Britain are called to make no sacrifice remotely comparable to that of the inhabitants of the thirteen colonies as they struck out on their own to form a more perfect union. It would be laughable to compare even the worst of mismanaged Brexits to the price that Hamilton’s peers paid for their freedom and for the opportunity to advance the model of human governance. Yet so great is our present culture of consumerism and so diminished our sense of citizenship or civic duty that few of us are capable of thinking in terms greater than the pursuit of whatever might sate our present desire for comfort and stability. And even when this stability is under long-term threat, such is our fear of disruption that we would rather cling on to the slow, familiar degredation than take any risk by seeking to prevent it.

Today we have a tendency to think of ourselves as having transcended our past, that we inhabit what Francis Fukuyama called “The End of History”, a time when all major human challenges have been vanquished and we inhabit some kind of permanent, beneficent steady-state from which any departure would be an intolerable disruption. And from this perspective, Brexit does indeed appear to be a crazy, irrational endeavour, threatening to unleash a backslide into the fascism and totalitarianism with which we struggled in the twentieth century.

But of course we have not reached the end of history. We are continually presented with new challenges and opportunities, and try as we might to pretend that our existing institutions and policies need only tweaking or adjusting to meet them, recent events have proven this to be patently false. Not all Brexiteers may have voted to leave the European Union based on these high ideals but as Shakespeare wrote, “There is a tide in the affairs of men. Which, taken at the flood, leads on to fortune. Omitted, all the voyage of their life is bound in shallows and in miseries.”

Through Brexit, history has gifted us the opportunity to imagine a new and improved form of government, one which strives to meet our future challenges rather than cower from them (all that EU membership offers, most telling in the rhetoric used by Remainers) or pretend that they do not exist (favoured by the more retrograde Brexiteers who envisage a simple rollback to the old nation state). We must seize this opportunity and be a beacon for other nations, all of which must ultimately grapple with the same issues though they may deny or postpone them for a time.

As I recently wrote:

It has been decades since Britain truly took the lead in influencing world affairs. But having voted for Brexit and thrown into the open many pressing debates which other countries remain desperate to defer or ignore, we can now be both a laboratory and a beacon for the world.

Rather than feeling rancour or relitigating the 2016 referendum result, we should feel the same sense of excitement and possibility that Alexander Hamilton and his co-revolutionaries felt as they debated among themselves how to keep the new republic that they had created. We must rediscover that spark within ourselves.

Perhaps it is no coincidence that a stirring tale about forging a new, more democratic future, a story kindled in America, is set to take Britain by storm as we negotiate our secession from the European Union and look questioningly but optimistically towards the future. Perhaps it is no coincidence that the spirit of Alexander Hamilton is flickering back to life on a London stage at this specific time and place.

Because when you strip away the political games and the media sideshow, the catastrophisation, recriminations, denunciations, speculations and bifurcations, the story of Hamilton may just also be the story of Brexit – if we have the courage and vision to make it so.

 

Hamilton tickets and information here.

 

Scene at the signing of the Constitution of the United States - Howard Chandler Christy - Hamilton musical - Brexit

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CCHQ Should Not Automatically Protect Tory MPs From Deselection

Samuel Hooper3 Comments

Conservatives Tories start candidate selection process early - mandatory reselection - deselection of rebels

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A seat in the House of Commons is not a job for life. And just as the Parliamentary Labour Party should not be encumbered with MPs increasingly at odds with their local constituency parties, so Tory MPs should not be immune from deselection if they repeatedly ignore the priorities and concerns of grassroots Conservative Party members

Try as I might, I simply cannot get myself worked up about the government’s “shock” defeat over the amendment to the EU Withdrawal Bill. While the legislative drama seems to have Hard Brexiteers up in arms and Remainers parading their newfound (and one suspects rather less than genuine) love and respect for Parliamentary sovereignty, I don’t see that these machinations will have any real bearing on the eventual outcome.

So Parliament gets to have a “meaningful” vote on the terms of the UK-EU agreement? Fine, so be it – though I have always held that the people, not Parliament, should be sovereign, and that no government should be able to divest itself of fundamentally important powers or seek to repatriate such powers without an explicit and specific mandate from the people. Of course, if we had a written constitution then such things would likely be enshrined automatically rather than be up for furious debate as new issues and obstacles are encountered along the road. But then if we had a written constitution we likely would never have ceded so much sovereignty to the European Union in the first place and would not now be in this position, making it all a rather moot point.

Of far more interest to me is the fact that talk of deselection of MPs has bubbled up again. We saw this last year as Jeremy Corbyn and his supporters sought to cement their control of the Parliamentary Labour Party, and for democratic reasons I supported the idea of mandatory reselection in principle. And now there are new calls to deselect sitting MPs, this time from Conservative politicians and activists angry at what they see as the Tory rebels’ deliberate undermining of the prime minister and the country’s negotiating position with the EU:

On this occasion I do not share the Tory Brexiteer outrage, but their case is every bit as compelling as was that of the Corbynite leftists who wanted to rid their party of centrist MPs who do not reflect the values and priorities of their local associations. While I personally find it hard to work myself into a spittle-flecked fury at the antics of Dominic Grieve or Heidi Allen, if it is the case that these MPs represent Leave-voting constituencies and a majority of local party activists find their voting record objectionable then I see no reason why they should be protected and continually re-imposed on an unwilling local party organisation.

Of course, CCHQ and the Tory Party machinery vehemently disagrees. Reflexively opposed to any notion that grassroots activists or local constituency associations should have any input as to the direction, policies or running of the party, CCHQ sees individual conservatives as little more than indentured servants campaign material distributors at election time, to be put to work when necessary and then roundly ignored the rest of the cycle.

Nick Timothy, Theresa May’s intellectual bloodbank-in-exile, makes it perfectly clear that the present Conservative leadership remains determined to run the party (if not the entire country) as their personal private fiefdom, and that local constituency associations should shut up and do as they are told, whether they like the candidate or MP chosen for them or not. Timothy unapologetically and shamelessly spelled out as much on Twitter today:

This is an open admission that Theresa May, the prime minister and leader of the Conservative Party, saw fit to interfere in local constituency business and keep an unwanted MP foisted on an unwilling local party.

But what the hell business should it be of the prime minister who gets to stand as a Conservative candidate in a local constituency? This is everything that is wrong with the current Tory party – overcentralised and overbearing, with CCHQ pig-headedly declaring that it knows best while confidently marching us all to ruin. Given the litany of gaffes, unforced errors, scandals and bad judgements which have emanated from Theresa May’s cabinet, I would sooner entrust a panel of ten individuals randomly selected from the phone book to choose good Tory candidates than I would have Theresa May make the judgement call.

Of course, there is a counter-argument to all this, as a reader pointed out on Twitter:

We certainly don’t want a situation where conscientious, independent-minded MPs are peremptorily driven from office or from their political party because they fail to toe the hardest of hard lines demanded by their activists. We have recently witnessed just such a phenomenon lead the Republican Party to ruin (at best Pyrrhic victory) in America, where a succession of primary challenges and forced retirements saw an influx of ideologically uncompromising Tea Party politicians into Congress, hard-liners who thwarted any attempt at sane governance in the second term of Barack Obama, rendered the Republican congressional caucus unmanageable and ineffective and set the stage for Donald Trump’s hostile takeover of the GOP.

In actual fact we need both of these opposing forces – greater responsiveness to grassroots opinion and a cool, dispassionate process to adjudicate in the event of rogue or underperforming MPs – to be in balance. We need a far greater measure of accountability of MPs to their local party associations, and a more meritocratic system of selection (preferably primaries) which draws more people into the political process and prevents the mediocre-but-well-connected from leveraging their connection to CCHQ to be shortlisted or ultimately foisted on a constituency.

But we also need to build safeguards into the system so that the bar for triggering deselection is high but achievable – the recourseshould only become available at the time of a general election or by-election, so that MPs are judged on the body of their work and their voting record throughout a Parliament and not on the basis of any one single contentious vote.

Ultimately, the resurgent argument about deselection of MPs reminds us that Brexit is a necessary but not a sufficient condition for meaningful democratic renewal in Britain. Brexit was never going to be a cure-all no matter what some cynical Brexiteers may have implied, and we must all now recognise this fact. Achieving Brexit only to return power to the hands of the same MPs who negligently frittered it away in the first place, and who think so little of the people who campaign to put them in office that they seek to be made immune from their judgement, will not solve anything.

To this extent, the worries of Hard Brexiteers that the EFTA/EEA route may be used as cover by some Remainers in order to thwart Brexit entirely are quite valid. When there are so few penalties or recourses available to voters when politicians betray their own supporters, the trust required to sustain a well-functioning democracy is inevitably corroded.

But the real tragedy is that when we should be discussing how to respond to the period of disruption and discontinuity facing Britain, developing bold new mutually-reinforcing policies to tackle 21st century challenges, instead the Conservative Party is bickering about process and thwarting any attempts to clear out the intellectual deadwood and bring in some new ideas and personalities. Constitutional and electoral reform is important and eventually necessary, but there are pressing issues facing Britain which cannot be put on the back burner while we argue about the rules of play. Unfortunately, we seem less interested in these big debates and more interested in arguing about process stories.

When the Conservative Party fails to stand for anything – and Lord knows that under the rootless leadership of Theresa May, the Tories stand for little more than surviving the day at hand – it has plenty of time to devote to juvenile, internecine spats like the one playing out over the EU Withdrawal Bill rebels.

This is highly entertaining for the political media and a gift for Jeremy Corbyn and the Labour Party, but very bad indeed for everyone else.

Conservative Party Logo - Torch Liberty - Tree

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Upset An MP On Social Media? Prepare To Lose Your Voting Rights

Samuel Hooper3 Comments

Intimidation in Public Life report - Committee on Standards in Public life - Parliament - Britain - UK - online social media abuse

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Hurt an MP’s feelings and lose your civil rights. This could be a reality in the prissy, authoritarian, neo-puritanical Britain we inhabit

Having learned nothing from the past three years of populist insurgency, rather than facing up to their shortcomings and accepting the validity of justified criticism (and the inevitability of unjustified criticism) the political class is instead preparing to further insulate itself from public accountability.

A new report published by the Committee on Standards in Public Life proposes punishments such as barring people from voting or removing them from the electoral register as suitable punishments for the “new electoral offence of intimidating
Parliamentary candidates and party campaigners during an election” – which if enforced with the same arbitrary capriciousness as all other UK speech laws would inevitably see many people unjustly stripped of their basic civil rights while other, worse “offenders” who happen to hold officially sanctioned opinions go unmolested.

We in Britain now have a government which would give convicted prisoners the right to vote while stripping the franchise from certain free citizens who commit vague and loosely-defined acts of speechcrime – including hurting the feelings of an MP or Parliamentary candidate.

The report (prefaced with a quote from the late Jo Cox MP, so as to imbue the document with an air of incontestable wisdom and grace) graciously concedes that the existing restrictive framework of draconian anti-free speech laws does not need augmenting to protect the feelings of MPs at this time, but then immediately ventures the possibility of unprecedented new punishments for those accused of speechcrime:

Electoral law can overlap with and complement the criminal law, such that offences with criminal sanctions can also involve sanctions under electoral law. These sanctions are specific to the election process, such as being barred from voting for a certain period, or removal from the electoral register. Such sanctions recognise that these offences, such as undue influence or electoral fraud, are offences against the integrity of the electoral process, and that it is therefore appropriate that individuals face sanctions relating to their own privileges within that process.

[…] However, the Committee considers that the issue of intimidation is of particular significance because of the threat that it poses to the integrity of public service and the democratic process.

During an election period, it would therefore be appropriate to have specific electoral sanctions that reflect the threat that intimidation of Parliamentary candidates and their supporters poses to the integrity of elections. Any such offence in electoral law should be tightly defined, to capture intimidatory behaviour that is directed towards an individual specifically in their capacity as a Parliamentary candidate or party campaigner, which intends unduly to influence the result of the election (for example, by affecting their candidature or inhibiting their campaigning).

[..] the introduction of a distinct electoral offence will serve to highlight the seriousness of the threat of intimidation of Parliamentary candidates to the integrity of public life and of the electoral process, and will result in more appropriate sanctions. We believe that specific electoral offences will also serve as an effective deterrent to those who are specifically targeting Parliamentary candidates and their supporters.

The Committee on Standards in Public Life, a body whose intended purpose was to ensure that elected and non-elected officials uphold standards of behaviour appropriate to those who serve the public in high office, now seems far more interested in passing haughty judgment on whether members of the public are abiding by the new speech codes dictated by our puritanical, thin-skinned rulers.

I would be interested to know which of the Seven Principles of Public Life the committee believes it is defending by proposing new speechcrime punishments which attack so fundamental a civic right as voting – particularly as each of these principles sets a standard specifically for “holders of public office” and not private citizens. The only tenuous link offered in the entire report is this throwaway sentence:

[..] the Committee considers that the issue of intimidation is of particular significance because of the threat that it poses to the integrity of public service and the democratic process.

Ah, that’s okay then. So because the rowdy public is supposedly threatening “the integrity of public service” (presumably by scaring people away from getting involved in politics, because those who are already inclined to get involved in politics of course tend to be shy fauns who take fright at verbal hostility) the Committee on Standards in Public Life can use this as an excuse to regulate the behaviour not of people in positions of power, but of those who seek to express their feelings about people in power.

Of course, MPs are not the only people to find themselves at the receiving end of vitriol on social media, as anybody with even a semi-public profile or the desire to talk about politics on Facebook or Twitter can attest. Twice in recent months I have been at the receiving end of such a barrage, first when a “comedian” chose to misrepresent one of my tweets to his baying audience of pro-EU Remain supporters and again when an SNP MP sicced his Twitter supporters on me for daring to write about the office of Scottish First Minister in less than worshipful terms. None of the hate I received (on those occasions) amounted to the level of death threats, but other private citizens have suffered far worse.

Yet the political class seem to want to carve out a special protection in terms of exempting themselves from harsh criticism while doing nothing for anybody else. As Members of Parliament they already occupy a high-status, well-remunerated position in society, are generally endowed with a level of intelligence which enables them to articulate their priorities and concerns and be taken seriously, and make laws and decisions which impact our present reality and future happiness. Yet many of these same people now seem determined to portray themselves as shrinking violets, vulnerable victims-in-waiting, a discriminated against minority group who require the special and proactive additional protection of the law. This is absurd and insulting to the citizenry they notionally represent.

But in addition to protecting the powerful from the masses, these puritanical proposals also fundamentally misunderstand the problem. As even many victims of social media harassment would likely agree, the really damaging part of online abuse is not the individual insults but their combined, collective effect. One person insulting or mocking you can be laughed off or brushed aside, but this is not so easily done when one’s notifications fill up with a constant wall of such derogatory, negative messages. Indeed, when under attack on social media, at times it can be difficult to step back and remember that the strident opinions of social media moralisers is not reflective of the feelings of the country or society as a whole. At times, I myself have momentarily allowed hate and derision on social media to interfere with my self-esteem, despite my fairly thick skin.

The answer to online trolling and abuse (whether directed at politicians or private citizens) is not to criminalise individual acts of strident, unpleasant or insulting speech, let alone to curtail the fundamental civil rights of individual citizens as punishment for (or deterrence of) something which is in large part a swarm effect, an unpleasant but distastefully necessarily defensible part of our society’s commitment to free speech.

To do so would be akin to criminalising the act of gathering together in crowds because of the risk that somebody might be crushed or trampled, punishing individuals for what in itself is often a very small contribution to a larger group effect. No single individual is usually responsible for a stampede, just as very few individuals commit specific acts on social media which alone trigger substantial distress, and barring such people from voting (one wonders what offence merits losing the franchise while retaining one’s liberty) will not deal with the vast bulk of abuse on social media and consequently the vast bulk of suffering resulting from it.

The issues addressed by the report are real, worthy of discussion, and are already being debated at length. There is no lack of editorialising or scholarship on the impact of social media on public political discourse, and the way in which the semi-anonymity of interacting online brings out a far more vicious side of human nature than is usually visible during face-to-face interactions. These are problems which we need to face up to as a society at a time when we are learning on the go. But the solution is not to announce further new restrictions on freedom of expression, as though filling in gaps in the statute books will in any way compensate for filling in the mental and spiritual void which turns some people (including the highly educated and outwardly successful) into social media trolls.

Furthermore, at a time when the yawning disconnect between the ruling class and many of the people they represent is growing wider and fuelling all kind of populist outbursts (some welcome and others far less so) it is the height of irresponsibility for those in power to publicly toy with the notion of punishing the plebs for insulting their masters by stripping them of their voting rights.

The Committee on Standards in Public Life should cast their haughty, disapproving gaze back where it belongs – on those who debase their political offices or abuse the public trust. Now more than ever is a time for humility and introspection from the ruling class, not a whinnying list of grievances about those who fail to sing their praises.

 

By election - ballot box - Democracy

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