Thursday, 29 November 2018

Why the UK has lost its mind

Britain is hamstrung by Brexit because of a fundamental misunderstanding of the UK constitutional settlement.

We all know that as a representative democracy, Parliament is sovereign, and accountable to the people, who elect them. Referendums, as an exercise in direct democracy, do not sit well with this system. They potentially set-up an opposing pole that, if claiming sovereignty for itself, foments internal conflict.

There are two requirements needed to avoid these tensions. The first is that each options must be sufficiently well-defined to give people a clear picture of what to expect. The second is that the government must want it and be responsible for it's implementation. In short, a referendum is a mandate for a government proposal. It is the consent of the governed, not an instruction from a sovereign.

Referendums as consent are a viable check on the powers of a legislature of a constitutional democracy, where they are so used routinely. As the UK has no constitutional checks on the powers of parliament, referendums are an optional, political act that have come to be misused for things the government does not want to do; the Alternative Vote, Scottish Independence and of course Brexit.

A victory for the Alternative Vote would probably have been tranquil, as it was a really well defined and instant change. Scottish Independence would have degenerated in to "alimony" arguments about oil rights etc which had not been well defined beforehand. As the unwilling UK parliament would have been in charge you can bet the eventual settlement would have favoured the English mightily.

Then, Brexit. 

As the gulf between the peoples' expectations and reality has widened, the shrillness and confusion over "The Will of The People" and "Betrayal of Democracy" has grown. Much has been written about how Brexit represents a populist coup d'etat of the people over parliament. Parliamentarians are cajoled into ignoring their own judgement. As the available options diverge ever further from the peoples' plurality of expectations, the political class is paralyzed and the government hunkered down in denial. The people grow increasingly dismayed at the politicians' duplicity and spinelessness.

The tension set-up by the referendum's opposing pole to parliament can only be released by following one of two paths: forward to direct democracy, or back to representative democracy. The former is being called for, unconsciously, by the campaigners for a people's vote. This has all the problems inherent in direct democracy as I have written about before.

The other is taboo.

Mending our representative democracy requires the assertion that the referendum was an act of political consent to a proposal, albeit one the proposer's wished to disown. We must not let them disown it. Hold the government to account for their decision to hold a referendum. It is their responsibility to deliver on the expectations. To be clear, theirs is a political responsibility, not a legal one. The fallout for failing to deliver comes at the ballot box, not in a courtroom.

The Tories need to put country before party, to take responsibility, and to face the fact that they cannot deliver the product as described. They need to admit their failure. This is a failure of such magnitude that they must resign from power in shame. Their punishment will be at the ballot box. Brexit will die with the Tory Party. If parliament to live, that is the only way it can die.