by antiaristo » Wed Feb 08, 2006 10:45 am
<!--EZCODE QUOTE START--><blockquote><strong><em>Quote:</em></strong><hr>Comment <br><br><br><!--EZCODE FONT START--><span style="font-size:small;">The evil fruits of power are democracy's biggest danger</span><!--EZCODE FONT END--> <br><br>Questioning the crown prerogative is all very well but more radical measures are needed to sustain parliament <br><br>Simon Jenkins<br>Wednesday February 8, 2006<br>The Guardian <br><br><br>So David Cameron thinks parliament and not "the crown" should declare war. Gordon Brown is angry because he thinks the same but has not had time to mention it to Tony Blair. They are not alone. The most trenchant attack on crown privilege was written in 1994. <!--EZCODE BOLD START--><strong>"The royal prerogative has no place in a modern western democracy,"</strong><!--EZCODE BOLD END--> it said. It should no longer give cover for "the declaration of war or the signing of treaties". As for party donations being tied to high honours under crown privilege, the outrage was "too stark to ignore".<br><br>The author of these fine words was Jack Straw, now foreign secretary. <!--EZCODE BOLD START--><strong>Since then he and his prime minister have declared or at least fought no fewer than five wars</strong><!--EZCODE BOLD END-->. The prerogative was rather convenient after all. So too is the happy coincidence of high honours and party donations.<br>When politicians accuse commentators of being cynical I sometimes reply, no, just sceptical. Other times I think cynicism is too kind.<br><br>So what do we make of David Cameron's assertion this week, conjoined with Brown's, that he questions not just the royal prerogative but Downing Street's "presidentialism". For Brown to favour executive delegation is merely bizarre, like Scarpia favouring the right to silence. But for both leaders-in-waiting to abjure presidentialism at the same time is intriguing. <!--EZCODE BOLD START--><strong>Radicals should either cheer or count their spoons.</strong><!--EZCODE BOLD END--><br><br>Cameron's proposed constitutional inquiry covers a range of powers vested in the prime minister. These include declaring war, signing treaties, appointments and honours. He believes that crown prerogative has become a cloak for circumventing parliament. <!--EZCODE BOLD START--><strong>The power of the monarch, supposedly clipped by Magna Carta, has re-emerged in a mass of special powers and "Henry VIII" clauses. Sleaze has been institutionalised.</strong><!--EZCODE BOLD END--><br><br>The question is not whether Cameron (or Brown) is sincere but whether, like Blair, he is merely "sincere at the time". He has scant experience of making pledges and keeping them. He has fumbled the one domestic issue on which events demanded a clear answer, school selection. Now he has adopted a subject that always brings politicians out in hot flushes. Blair's one firm commitment to constitutional reform before 1997 was to devolution. He regretted it but was stuck with the pledge.<br><br>Cameron could hardly have chosen for his inquiry two men more steeped in prerogative government than Kenneth Clarke and Lord Butler, formerly chancellor and cabinet secretary respectively. Unless something most odd has happened we can expect genteel proposals on parliamentary procedure, select committee reform, honours scrutiny and other changes in the Westminster tea ceremony. I attended one last week before the Commons public administration committee. For decorum it lacked only geishas in attendance.<br><br><!--EZCODE BOLD START--><strong>To shift the British constitution out of presidential mode needs a bulldozer, not a chopstick</strong><!--EZCODE BOLD END-->. The dignities of parliament cannot be rearranged to make it proof against the imperatives of power. The only way to achieve what Cameron claims to want is to create an institution outside the ambit of Westminster.<br><br>Change in the British constitution customarily relied on respect for convention and on a spread of quasi-autonomous institutions. One convention was that reform be preceded by a bipartisan royal commission. This canvassed expert and public opinion, and carried an authority that made it hard for government to ignore reform or give it a partisan gloss. Thus did postwar governments reform the House of Lords, the BBC, the police, the universities and local government.<br><br><!--EZCODE BOLD START--><strong>Thatcherism discarded this convention, replacing it with the Thatcher/Blair doctrine that whatever prime ministers want they should get.</strong><!--EZCODE BOLD END--> Yet they rarely get it. How much more stable might NHS or schools reform have been if preceded by a bipartisan commission? Instead we have the welfare state in Gordon Brown's hand, the honours system in Blair's pocket, the police under Charles Clarke's belt and <!--EZCODE BOLD START--><strong>the BBC in Tessa Jowell's head.</strong><!--EZCODE BOLD END--> Reform of the judiciary, which surely merited a commission, <!--EZCODE BOLD START--><strong>was a shambles</strong><!--EZCODE BOLD END-->.<br><br>The royal-commission basis for constitutional reform was a good one. Disbanding it removed not just an agent of consensual change. It removed a valued forum of pluralist participation. Recently there has been one newcomer fighting against the trend, the proposed British supreme court. Fashioned from the existing law lords, it is specifically intended to have a status sufficient to confront the power of government face to face.<br><br>I would parallel this court with a similar body overseeing British democracy. Such a democracy commission would have formal and informal powers. It would vet senior political and government appointments and oversee the honours system and House of Lords membership, however described. It would adjudicate on standards in public life. It would determine electoral boundaries, voting systems, the funding of political parties and the constitution and powers of local authorities.<br><br>Though set up under statute, such a commission must be detached from Downing Street and parliament. Its membership should exclude present or past politicians. <!--EZCODE BOLD START--><strong>Its sovereignty, even if technically under the crown,</strong><!--EZCODE BOLD END--> must be independent of party, parliament and government. Its very eccentricity would be its strength.<br><br>A democracy commission would embrace a mass of subordinate regulation and form a distinct "fifth estate" of the realm. But since it would strip the prime minister, the whips and party machines of much of their patronage and power, it is inconceivable that those in office will ever contemplate such an institution. Only in opposition might it be contemplated, since only to pledges made in opposition do governments feel even mildly accountable. That is why Blair's pre-1997 pledge on devolution was vital to its realisation.<br><br>That too is why today's "Cameron moment" is critical to constitutional reform. Cameron is a rare opposition leader who has <!--EZCODE BOLD START--><strong>not yet tasted the fruit of the tree of evil. He will taste it one day, and he will change his mind on most things pertaining to his power in office</strong><!--EZCODE BOLD END-->. That is why any radical reform must be branded into every speech and written in blood in the Tory manifesto.<br><br>As for the odds on that happening, who dares cry cynic?<hr></blockquote><!--EZCODE QUOTE END--><br><br><!--EZCODE AUTOLINK START--><a href="http://www.guardian.co.uk/comment/story/0,,1704704,00.html">www.guardian.co.uk/commen...04,00.html</a><!--EZCODE AUTOLINK END--><br><br>Sorry, Simon.<br>If it is "technically under the crown" it is subject to the Treason Felony Act. Which means, like Lord Goldsmith and Lord Bingham and Lord Hutton and Lord Butler and...they have to do what the Queen says. It will not remove the roots of the problem.<br><br>The Treason Felony Act.<br><br>The Treason Felony Act must be nullified, and nullified NOW.<br><br>By the way, I highlighted Tessa Jowell, who holds the fate of the BBC in her hands.<br><br>See this thread <!--EZCODE AUTOLINK START--><a href="http://p216.ezboard.com/frigorousintuitionfrm10.showMessageRange?">p216.ezboard.com/frigorou...sageRange?</a><!--EZCODE AUTOLINK END--><br><br>Tessa Jowell appinted Richard Hooper Deputy Chairman of Ofcom.<br><br>Tessa Jowell is married to David Mills.<br>David Mills is Silvio Berlusconi's consigliere.<br>David Mills is being pursued by the Italian Justice authorities.<br><br>Tessa Jowell is more than a gangster's moll. She is a gangster herself. <p></p><i></i>