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The British Crisis

Do the public really want to change ‘the system’?: Stuart Wilks-Heeg presents polling evidence
 

Don't trust MPs' constitutional poker: Guy Aitchison supports the call for a citizens' convention
 

Brown's 'National Council for Democratic Renewal': Anthony Barnett on the Prime Minister's desperate proposal
 

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Who Polices The Police?

Open letter to the BBC: Guy Aitchison and Stuart White raise serious concerns with the BBC's coverage of G20 policing
 

The Met must stop spinning G20 policing: Defend Peaceful Protest on the Met's response to its critics
 

Met watchdog criticises G20 policing: Anna Bragga reports on the MPA meeting
 

Our campaign to defend peaceful protest launches: Guy Aitchison and Andy May have some questions for the Met following the policing of the G20
 

The architectural photographer as terrorist: Edward Denison recounts his detention for photographing a police station
 

Letter to the Beeb: Guy Aitchison responds to a complacent and misleading feature on "kettling" for the BBC website
 

Not "kettling" but "bubbling": Clare Coatman on polarised views of police and protesters
 

Kettling - another special relationship: Charles Shaw's eye-witness account of the practice's US debut
 

Practical proposals to reform the police: Guy Aitchison invites OK readers to add to a list
 

Met orders review into policing of protests: Guy Aitchison comments on Sir Paul Stephenson's suggestions
 

Trapped and beaten by police in Climate Camp: Testimony from Chris Abbott

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The Damian Green Affair


A Very British Arrest: Laura Sandys on the precedent of her father's 1939 experience.


One reason why the police are dangerous, undemocratic and stupid: Anthony Barnett condemns an attack on democracy.


Questioned by the Met: An MP's experience: Tony Clarke on the crucial differences with his own case.


A Constitutional Failure: The Damian Green case highlights the need for a written constitution, argues Tom Griffin.

Immigration islands


The Return of Enoch: Enoch Powell's repatriation agenda must not be rehabilitated, argues Sunder Katwala.


The ugly economics of immigration: Paul Kingsnorth on why the left is out of step with working class interests.


Immigration and the Politics of Resentment: Shamser Sinha suggests the real problem is a politics that turns neighbour against neighbour.

A neoliberal kingdom


Britain’s neo-liberal state: The financial crisis exposes the need for democratic modernisation, argue Gerry Hassan and Anthony Barnett.


MODERN LIBERTY



Digital Privacy Wars: Guy Aitchison flags up a debate on the threat business poses to digital privacy


The Stalker State: Phil Booth of No2ID on the proposed Comms database


Say 'No' to 42 days: Sign Amnesty's petition against extending pre-charge detention


What do we do now?: Anthony Barnett assesses the stakes for for liberals and radicals in David Davis's campaign against the erosion of rights and liberties


The Abundance of Caution: an authoritative essay by Anthony Barnett sets out the case against 42 Days

Labour After Brown

The next left -Life after the Labour Party: Gerry Hassan sees a historic opportunity for the emergence of a post-New Labour left.

Scottish Labour, where's the coffee?: Gerry Hassan assesses the prospects for Scottish Labour and its new leader.

Lesson for the Left from Chile to Britain: Hassan Akram offers a global perspective on Labour's malaise.

From Milibland to Johnson land?: Jeremy Gilbert argues for Labour without neo-liberalism.

Magical thinking on Britishness: Anthony Barnett critiques Liam Byrne on fraternity.

Rule of law at risk: Geoffrey Bindman calls for a turn away from the marketisation of government.

A new Bill of Rights for Britain?: Guy Aitchison analyses Parliament's proposed new Bill of Rights.

Miliband - by our rights we will know you: Claire O'Brien puts forward a new progressive vision for Labour.

Recapturing liberal Britain: David Marquand challenges Labour's constitutional orthodoxy.

Miliband and the Liberal Democrats: James Graham on the case for realignment.

What is Labour's British story?: Writing from Scotland, Gerry Hassan widens the OurKingdom debate on Labour's future.

This is not Brown's crisis but Britain's: David Marquand says social democracy is bust and Britain may be too.

The Challenges for Miliband's Progressive Fusion: Fabian Society head Sunder Katwala responds to David Miliband.

England Awakes?

England, Britain and multiculturalism: an OurKingdom exchange

A mild awakening?, England's turn? by David Goodhart

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Progressive elements smuggled into Constitutional Renewal Bill

Andrew Blick, 31 - 07 - 2008
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Andrew Blick (London, Democratic Audit): When the Constitutional Renewal white paper and draft bill were published earlier this year, Gordon Brown once again proved himself the master of the anti-climax. The centrepiece of the Governance of Britain programme to date, and the part of it most likely to be implemented this side of a General Election, 'Constitutional Renewal' primarily addresses the role of the executive with respect both to Parliament and the judiciary. When it appeared there was disappointment that it did not live up to its billing and was not a programme to 'renew' the constitution. As Graham Allen MP put it, 'perhaps our expectations either were raised too high or...those expectations have not yet been met.' More scathingly, Lord (Paul) Tyler has today called it a 'ragbag of retreats'.

Furthermore, many expressed reservations about the discretion the Constitutional Renewal proposals provided for the executive. For instance, they will make explicit that the Attorney General can cause the Serious Fraud Office to drop investigations on grounds of national security. As Wednesday's Law Lords judgement on the BAe case shows, the best way to ensure such a power is not abused is to remove it from party politics altogether, rather than hope the judiciary will regulate it properly.

But no such dramatic changes are proposed in 'Constitutional Renewal'. Instead we find a reliance on the development of notoriously flexible conventions (as with establishing a parliamentary right to vote on war-making) or vaguely drawn legislation (for instance to provide for parliamentary scrutiny of treaties). The most significant part of the package is a proposal to place the Civil Service on a statutory footing, a long term commitment of the government and one which has been proposed for the last 150 years.

I have just got hold of a copy of the report by the parliamentary Joint Committee which investigated Constitutional Renewal. Attending the sessions it became clear to me that the committee was a mixed bag of individuals, some with a longstanding interest in reform, others hostile to the very notion. It was always unlikely that they were going to unite around a full set of radical proposals - and they have not.

On war powers, the report supports the use of a parliamentary resolution (as proposed by the government), rather than an Act of Parliament, to set out the rights of the legislature in voting on deployments; and rejects the idea that there should be a parliamentary committee to oversee military conflict. The proposed right of the government to bypass the process for parliamentary approval of treaties is agreed with, though greater clarification and explanation is asked for. Support is given for the Attorney General possessing the right to intervene in individual criminal cases, despite the opposition expressed by the Commons Justice Committee. The Constitutional Renewal joint committee supports the government in not providing for formal parliamentary approval of the Civil Service Code. And regardless of calls by the Commons Public Administration Select Committe to this effect, it does not believe the bill should be altered to allow for effective scrutiny by the legislature of changes to the machinery of government.

A minority group within the joint committee, within which Lord (Paul) Tyler is a leading figure, have been bolder. They supported conclusions including a statutory basis for parliamentary involvment in war making, and that the office of Attorney General should not be held by a member of either house of Parliament, making the role a non-ministerial one, distancing it from party political considerations.

But as well as opting for minority findings, the progressive elements within the joint committee have somehow smuggled certain worthwhile elements through, which if enacted could provide a future basis for some democratic enhancement. It is recommended that as well as voting on the initiation of military action, there should be measures to ensure Parliament can exercise ongoing oversight of operations once embarked upon. Notably, the report recommends the establishment of a 'Joint Committee on Treaties'. If properly developed, such a body could oversee not only the scrutiny of treaties but the conduct of negotiations leading to their drafting. By this means a 'soft' UK version of the continental practice of 'mandating' could be developed (though doing so will require determination on the part of Parliament and cooperation from the executive, neither of which is inevitable). If Parliament became an active partner with government in the formation of external policy in this way, an important step towards genuine constitutional renewal would have been achieved.

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Guy Aitchison said:

Thu, 2008-07-31 11:34

Lord Tyler explains the progressive case against the "Constitutional Retreat" Bill over at Lords of the Blog.

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