Op-Ed on Referendums

I recognise that this is an unpropitious time to call for more referendums. But the Brexit vote was the worst possible model for popular decision-making. The government threw a massive question at an electorate that had almost no experience of direct democracy. Voters were rushed towards judgment day on a ridiculously short timetable, with no preparation except a series of giant lies.

Worse still, an issue of astonishing complexity was reduced to a crude binary choice. Because the only options presented were in or out, everyone knows what the majority voted against; no one knows what kind of Leave it voted for. Why could we not have had a multiple choice, presenting the different ways in which we could have stayed in or left Europe? Without permission to make a nuanced decision, we had no incentive to achieve a nuanced understanding.A lively and intelligent politics demands an active and empowered electorate that can hold its representatives constantly to account.

Read more from George Montbiut in the Guardian

Common vs. Civil Law

Just what is common law, and how does it differ from the civil-law system used in some other countries?

Common law is a peculiarly English development. Before the Norman conquest, different rules and customs applied in different regions of the country. But after 1066 monarchs began to unite both the country and its laws using the king’s court. Justices created a common law by drawing on customs across the country and rulings by monarchs. These rules developed organically and were rarely written down. By contrast, European rulers drew on Roman law, and in particular a compilation of rules issued by the emperor Justinian in the 6th century that was rediscovered in 11th-century Italy. With the Enlightenment of the 18th century, rulers in various continental countries sought to produce comprehensive legal codes.

Today the difference between common and civil legal traditions lies in the main source of law. Although common-law systems make extensive use of statutes, judicial cases are regarded as the most important source of law, which gives judges an active role in developing rules. For example, the elements needed to prove the crime of murder are contained in case law rather than defined by statute. To ensure consistency, courts abide by precedents set by higher courts examining the same issue. In civil-law systems, by contrast, codes and statutes are designed to cover all eventualities and judges have a more limited role of applying the law to the case in hand. Past judgments are no more than loose guides. When it comes to court cases, judges in civil-law systems tend towards being investigators, while their peers in common-law systems act as arbiters between parties that present their arguments.
Civil-law systems are more widespread than common-law systems: the CIA World Factbook puts the numbers at 150 and 80 countries respectively. Common-law systems are found only in countries that are former English colonies or have been influenced by the Anglo-Saxon tradition, such as Australia, India, Canada and the United States. Legal minds in civil-law jurisdictions like to think that their system is more stable and fairer than common-law systems, because laws are stated explicitly and are easier to discern. But English lawyers take pride in the flexibility of their system, because it can quickly adapt to circumstance without the need for Parliament to enact legislation. In reality, many systems are now a mixture of the two traditions, giving them the best of both legal worlds.

Source: The Economist

UK General Election 2017

UK General Election Assignment
Write an 800-1200 word (1.5 – 2 page), single-spaced, thesis driven essay in response to the following questions:

  • Describe: What happened in the May 7 general election and why?
  • Analyze: What stands out as particularly interesting or anomalous in the election results?
  • Evaluate: What do the results mean for the UK? What challenges might ensue from coalition rule?

You may use the articles given. You must also do your own research. Properly cite your essay using parenthetical citation. You do not need a works cited page.

You will present and defend your essay in class. I look forward to it.

Start with this video from the Financial Times

Then  Wiki

The Guardian offers some useful graphic representations

Vox always wants to “explain” stuff. Let ’em

Now that you’ve got the basics, dig into the meat of it (sorry vegetarian friends).

The Great Realignment: Britain’s Political Identity Crisis

Is Britain facing an identity crisis? The traditional dividing lines of left and right seem to be dissolving into new political tribes – metropolitan liberals versus the culturally rooted working classes, graduates versus the uneducated, the young versus the old. In June’s general election, traditional Labour heartlands like Mansfield went Conservative, while wealthy areas such as Kensington swung to Corbyn. Britain seems utterly confused about its politics. As the far left and Eurosceptic right have gained strength, much of the country has been left feeling politically homeless.

So what’s going on? How will these new alignments play out as the country faces the historic challenge of leaving the EU and forging a new relationship with the rest of the world? Are the Conservatives really up to the job, as they bicker over what kind of Brexit they want and jostle over who should succeed Theresa May? Is it now unthinkable that Jeremy Corbyn could be the next prime minister?

Looming over the current turmoil is the biggest question of all: What kind of Britain do we want to live in? What are the values that should hold our society together?
Speakers

  • Professor Anand Menon, Director of The UK in a Changing Europe
  • Hilary Benn, the Labour MP and Chair of the Brexit Select Committee
  • Ken Clarke, Father of the House of Commons and the most senior Conservative voice in Parliament
  • David Goodhart, author of one of the most talked about analyses of British politics and the rise of populism
  • Helen Lewis, deputy editor at the New Statesman and prominent journalist on the left

Your assignment: Watch to the entire program here (about one hour). Take copious notes. Submit notes as homework.

Britain has no written constitution. Meet the man who drafted one.

At the request of Parliament’s Political and Constitutional Reform Committee, King’s College London scholar Robert Blackburn spent four years drafting blueprints for a full-fledged constitution. The results were published last year in a parliamentary report titled “A New Magna Carta?”

Washington Post: Should Britain have a written constitution? In what ways could it be useful in settling the questions at the core of the U.K.’s existential dilemmas — devolved vs. centralized power, in Europe or out, four nations or one, etc.

Robert Blackburn: Britain should now move towards adopting a written constitution, which would have great benefits in providing a renewed sense of national identity, and settling the state of the Union across the four nations of the U.K. and the terms and limits of its partnership in Europe.

Within the country at large, a documentary constitution would enable ordinary people to know and see what are the principles, rules and institutions by which they are governed, to replace the present sprawling mass of common law rules in law reports, convoluted Acts of Parliament that are unreadable to most people, and unwritten conventions some of which are unclear even to politicians working at Westminster.

An initiative on enacting a written constitution would provide the opportunity for resolution of a number of constitutional problems, ones where despite cross-party agreement that something must be done, no outcome has been forthcoming, such as settling the rationale and democratic form for the parliamentary Second Chamber (House of Lords).

Read more of this Washington Post interview with Robert Blackburn

Devolution in England: Reaching a dead end

In May, Liverpool, Greater Manchester and four other combined authorities (see map) will elect a metro mayor for the first time. They are the poster children of the “devolution revolution” launched by the then chancellor, George Osborne, in 2015. The hope was that more joined-up decision-making at local level would boost regional economies and raise productivity. But many rural areas did not even submit a devolution proposal. Elsewhere local councillors rejected the notion. There are fears that, beyond the six deals concluded, it will be hard to do more. Lord Porter, head of the Local Government Association, said last month that he believes “devolution is dead.”

Some counties are restructuring anyway. Oxfordshire and Buckinghamshire each plan to abolish their county, district and city councils and form a “unitary” one. Cornwall, Wiltshire and Shropshire have already done so. But district councils often align with parliamentary constituencies and, as district councillors act as ground troops in general elections, many MPs do not want unitaries.

The biggest problem is persuading the people in places like King’s Lynn to support change. “If you asked all my friends in the town,” says one lifelong resident out shopping with his wife, “I doubt any of them have even heard of devolution.”

Read more from the Economist 

BBC Parliament Year-End Review

BBC Parliament TV looked back at some major events in the British Parliament since September 2015 in their program “Westminster in Review” hosted by Keith Mcdougall.?Topics included:

  • the debate on the United Kingdom’s future membership in the European Union (EU)
  • combating ISIS* in Syria
  • the election of Labour Party leader Jeremy Corbyn.
  • the use of a robot in Parliament and debate on the hedgehog being a national symbol.

Video compilation of the Parliament’s last quarter of 2015

24 things that Jeremy Corbyn believes

Jeremy Corbyn is the new leader of the Labour party. What are his beliefs?

1. The deficit should be tackled – but not through spending cuts and not to an “arbitrary” deadline. Instead Corbyn would fund its reduction via higher taxes for the rich and a crackdown on tax avoidance and evasion while tackling “corporate welfare” and tax breaks for companies.

2. Britain’s railways should be renationalised. He is also opposed to the HS2 rail scheme, saying it would turn northern cities into “dormitories for London businesses”

Read on from the BBC

Labour promises to renationalise English railways

The Labour conference has formally committed itself to the renationalisation of the English rail network as it pledged to oppose another round of “unneeded, unwanted and ill-thought-through privatisation”.

In a significant boost for the party leader, Jeremy Corbyn, who has suffered a series of setbacks over the EU and Trident, Labour’s national executive committee agreed a statement that paves the way for the rolling renationalisation of the rail network.

Government may privatise Channel 4

The government has inadvertently provided further evidence that it is looking at privatising Channel 4, after an official was photographed entering Downing Street with a document setting out options for a sell-off.

After months of ministerial obfuscation on whether the sale of the state-owned, commercially funded broadcaster was being considered, the document reveals that proposals have already been drawn up in a bid to raise an estimated £1bn for Treasury coffers.

Oopsies.

UK General Election 2015

The BBC coverage of the election and results

A collection of coverage from the Economist 

StatWonk Nate Silver’s 538 coverage 

Anne Applebaum offers this jeremiad in response to the election results

UK General Election Assignment
Write an 800-1200 word (1.5 – 2 page), single-spaced, thesis driven essay due in response to the following questions:

  • Describe: What happened in the May 7 general election and why?
  • Analyze: What stands out as particularly interesting or anomalous in the election results?
  • Evaluate: What do the results mean for the UK? What challenges might ensue from coalition rule?

Use the articles given. You may also do your own research.

Properly cite your essay using parenthetical citation. You do not need a works cited page.

You will present and defend your essay in class. I look forward to it.

The Race for Labour Leadership

  • Who are the candidates? Andy Burnham, Yvette Cooper, Jeremy Corbyn, Liz Kendall

Liz Kendall, Andy Burnham, Yvette Cooper and Jeremy Corbyn

  • Dates: Ballot papers were sent out on 14 August; voting can take place by post or online. They must be returned by 10 September. The result is on 12 September
  • Who can vote? All party members, registered supporters and affiliated supporters – including those joining via a union
  • What is the voting system? The Alternative Vote system is being used so voters are asked to rank candidates in order of preference
  • How does it work? If no candidate gets 50% of all votes cast, the candidate in fourth place is eliminated. Their second preference votes are then redistributed among the remaining three. If there is still no winner, the third place candidate is eliminated with their second preferences (or third in the case of votes transferred from the fourth place candidates) redistributed. It is then a head-to-head between the last two candidates

"English votes for English laws"

Mr Cameron said that unless the current rules are changed: “English MPs will be unable to vote on the income tax paid by people in Aberdeen and Edinburgh, while Scottish MPs are able to vote on the tax you pay in Birmingham or Canterbury or Leeds.

“It is simply unfair. And with English votes for English laws we will put it right.

“Because if you have basic constitutional unfairness like we’ve had, if you have the people in one part of the UK feeling like they are getting a raw deal, then resentment festers, and that undermines the bonds and the fellow-feeling that are the basis of the United Kingdom.”