Tag Archives: constitution

Lies, damned lies, lawyers & politicians. Vague thoughts from my buggy sickbed.

(A version of this was also published by India’s We Speak News)

Parliamentary Man speaks with forked tongue

After I wrote my blog yesterday, I turned over and went back to sleep. I woke up at lunchtime, around 12.30.

I was in bed for most of the rest of the day with what I think was a bug, so I missed most of David Cameron’s reshuffle of his Cabinet. But it made no difference.

Having a Cabinet reshuffle is like randomly offering round a collection of magnifying glasses in the Land of the Blind. If you stumble on a one-eyed man, it is a matter of pure luck.

That is not a Party political point. It is the same with all British governments of all persuasions. Here-today-gone-tomorrow politicians in governments elected every four years or less do not run the country. The on-going staff civil servants do. Which is much better.

If someone is appointed Minister of Transport then, within hours, they may be expressing ‘considered thoughts and fact-based opinions’ on motorways, airports, rural bus services and the dangerous placing of a zebra crossing by some local council in Devon. But that’s all bollocks. They are given their thoughts by the experienced, ongoing civil servants in their department.

Politicians give vague political directions but, in detail, leave it to their civil servants. Which is fine with me. I studied British Constitution at school and love the ramshackle, mostly effective system that has randomly shuffled itself into existence.

That is why I am so against an elected House of Lords.

We already have an elected House of Commons full of people who have had to bullshit their way in there, voted-for by people who have no real idea who they are voting for. We don’t need another Parliamentary chamber filled with politicians exactly the same as the ones in the Commons.

The beauty of the House of Lords is that it is a shambolic combination of the experienced, the good, the worthy and past-their-sell-by-date politicians: a chamber which should, ideally, be conservative with a small ‘c’ because it is there to consider the House of Commons’ laws and delay or dilute their excesses, worse stupidities and incompetences.

Like the monarch, it has no ultimate power. It cannot ultimately stop a law being passed, only delay it.

It is, just like the monarchy, an accidentally cobbled-together edifice which is a thing of beauty.

The Queen has all theoretical power, no actual power but is vital as a failsafe for the election of a totally barking government.

In theory, she can dismiss a government. In practice, if she did this to a government with popular support, it would be the end of the monarchy. But, if she did this to a barking government with no popular support, she could call on what are theoretically her Armed Forces to enforce her will and it would not be a military coup, it would be an entirely legal constitutional action.

It would have been interesting to see what might have happened if the rumoured military coup planned in Britain in 1975 (without the Queen’s knowledge) had gone ahead.

I have few gripes about the British Constitution, but only about politicians themselves: a necessary if even more amoral type of double glazing salesmen.

I went to a grammar school – the Ilford County High School.

It was a good school but perhaps it had ideas a little above its station. It had a cadet force. (This was a long time ago.) You got to parade around in military uniforms and fire guns, much like in the movie If… though without the same outcome.

And it had a debating society called The Acorns.

I was in neither, which may be partially explained by my dislike of regimentation and my lack of any discernible vocal fluency. I can write OK; but I can’t talk fluently.

I do not remember who was in the school’s cadet force. Very neat boys, I imagine. But I do remember that quite a few of the seemingly intelligent people in the Acorns debating society wanted to study Law at university; they wanted to become solicitors or lawyers.

I remember not being in any way impressed when they told me that the absolute zenith of being a good debater was when you were able to successfully argue on behalf of a proposition you did not believe in – or successfully oppose and get the vote to go against a proposition you actually believed in.

This was seen by them as the height of an admirable skill.

I saw it as making successful dishonesty a goal.

And I have never changed my mind.

I imagine several of my schoolmates who aspired to become lawyers did actually study at university for several years in lying techniques and went on to become lawyers.

The highest triumph of being a good lawyer is if you can get a guilty man or woman found innocent and – of course – equally, if you are a Prosecutor, that you can skilfully get an innocent man or woman found guilty of a crime they did not commit.

The object of the English adversarial legal system is not to reveal the truth but to win the argument and to hide or discredit any opposing evidence. It is a talent contest for liars. The jury decides which of the two advocates has been the better liar. English courts are not set up to provide justice; they are set up to judge the efficiency of the lawyers and to boost or diminish their career prospects.

No wonder that such a high proportion of politicians are ex-lawyers in Britain and in countries where their legal system is based on the English system – Tony Blair, Bill Clinton et al – are trained lawyers/liars.

The English legal system is based on lying and hiding the truth. Politics is the art of pragmatism at the expense of morality.

British governments have always taken the entirely reasonable stance that they recognise and negotiate with the de facto governments of other countries whether or not they approve of their policies; we have diplomatic relations with states not with regimes.

To be a politician, you have to lie efficiently and put any moral scruples you may have once had into the shredder.

Not a new viewpoint.

But a true one.

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Who do we want as Queen of the UK? Elizabeth II or President William Haig?

…or we could have Tony Blair’s head

(A version of this blog was also published by the Indian news website WeSpeakNews)

I saw some Republican demonstrators interviewed on TV during the Queen’s Diamond Jubilee. One of their startling opening gambits to explain their position was: “The Parliament at Westminster has too much power.”

And they were arguing in favour of more politicians!

People often mis-read my political views. One example is that I am a very strong supporter of the monarchy.

Writing this blog I am on a hiding to nothing because, as long as it is, it does not give me enough space.

But, at school, I studied British Constitution for ‘A’ Level. The result is that I am a very strong supporter of the institution of a constitutional monarchy, but I have absolutely no interest at all in the soap opera of the Royal Family. I also think Tony Blair, as Prime Minister, was a neo-Fascistic prat who seriously damaged Britain’s constitutional set-up, but that is another matter.

When people say, “Oh, we should elect the Head of State,” I think, “Jesus! Are you out of your mind? Do you realise you are arguing that what we need is more scumbag politicians?”

Britain has stumbled into a State where we have a Head of State with lots of theoretical power and no practical power.

Bloody great!

The Queen does not actually make the important appointments, does not make laws, cannot in practice prevent laws from being passed by Parliament and has no actual practical constitutional power. But she is the ultimate safeguard against dictatorship and tyranny.

If a mad Prime Minister and/or a truly extremist government got into power and started passing laws which the vast majority of people then found repulsive – the example always used at school was a law that all red-headed men should be executed – what would happen? They could not be voted out by the electorate until the next General Election: perhaps four years away.

The only certain way to actually overthrow a government effectively anywhere (beyond the uncertainties of civil war) is for the government’s Army to overthrow it and you then have a situation where the Army is the government and has to appoint one of its own as Head of State.

In Britain, the Army is not the government’s Army; it is, in theory, the monarch’s Army. As is the Air Force, the Navy, the Police and the Civil Service.

The Prime Minister is not the Head of State. He/she is not even the head of the government. In theory. the Prime Minister is just that – primus inter pares – first among equals – only one of the monarch’s many ministers.

The result of this is that, if the Army overthrew an out-of-control government, it would do so in the name of the on-going monarchy and would not have to name one of its own officers as temporary Head of State. That sounds an unimportant distinction. But it would be re-asserting the monarch’s supremacy from a Prime Minister who had temporarily taken control, not overthrowing its own head. That makes it much easier to re-establish a new civilian government.

And this is not necessarily a theoretical point.

It would be interesting to have seen what would have happened if the rumoured plan for a military coup in the UK in 1975 had actually happened. But, returning to the subject…

The myth about the monarchy is that it is somehow costly.

Compared to what?

Compared to a President?

Bollocks.

The Queen receives no actual salary; the monarch’s costs are paid. Does anyone believe the same or higher expenses would be not incurred by a President? Plus some inflated annual salary and pension. All those flash state meals, all those flash ceremonials. They would still happen. Their costs would still happen. And, if there were no Diamond Jubilee, there would (quite reasonably) be some other State mega shindigs to bolster the patriotic spirit (but with less glitz and glamour because a politician in a suit would be at the centre of it).

Then there is the extended Royal Family – for which the taxpayer does not pay salaries. In effect, we get the Queen and a collection of subsidiary clones who trundle round the country as representatives. The London TV news last night carried pictures of Princess Alexandra (currently 40th in line to the throne and she’s free) at some street party.

So what’s the alternative?

Another morally-compromised politician.

By definition, anyone running to get public votes to be a temporary President will be a politician.

Un-enthusiastic voters would shamble out to decide whether they prefer to have President Tony Blair or President William Haig or President Edwina Currie for 4 years, at the end of which time some other lacklustre or tired or up-his-own-arse former, failed or self-important politician would get to extend their money-making life for a few more years.

And then you have the continuity which you do not get from an elected Head of State. The Queen has 60 years knowledge of the innermost workings of Britain. This is not insignificant.

She knows not what people think happened but what actually happened behind-the-scenes in the UK for the whole of the last 60 years – and why. She read the same red boxes her Prime Ministers did for the last 60 years. She – and, indeed, Prince Charles – know more about the inner workings of Britain than any temporary Prime Minister does. More than members of the Cabinet, more than MPs, more than current top civil servants. The top civil servants may have been civil servants for years, but they only hold the top posts – with real knowledge of what is happening – for a few years.

What you get from a continuing monarchy above and beyond the political system is continuity.

Who wants another politician in another now political role for another four years and what is he/she going to do anyway? Fight with Parliament? Counter-balance or emasculate the Prime Minister? Or do nothing and just go to meals with people wearing a suit and with a background of political back-stabbing over several years?

What improvement on the current system would an elected Head of State make?

If it ain’t broke, don’t fix it.

When the very young 18-year-old Queen Victoria ascended the throne, she was mentored by Lord Melbourne. When the 26-year-old Queen Elizabeth II unexpectedly ascended the throne on the death of her father who had, himself, unexpectedly become King, Winston Churchill mentored her with knowledge going back beyond the First World War. But those politicians soon faded away. Their knowledge, though, continued through the monarch and continued to be built-on.

At the end of the movie Blade Runner, Rutger Hauer’s character, at the point of death, says:

“I’ve seen things you people wouldn’t believe… All those moments will be lost in time, like tears in rain.”

The same thing happens when politicians and civil servants leave office. They leave the papers behind. But, when another similar emergency situation suddenly arises without warning, who knows where to really find out how it was handled before?

As I said, I saw some Republican demonstrators interviewed during the Queen’s Diamond Jubilee. One of their startling opening gambits to explain their position was: “The Parliament at Westminster has too much power.”

I am not sure I agree with that, but it is certainly no argument for replacing the monarchy.

Do we really want ANOTHER up-his-or-her-own-arse elected politician?

Do we really want President Tony Blair or President William Haig or President Simon Cowell?

No, we want a theoretical Head of State separated from the sleaze of the Westminster sewer.

We want what we have: a Head of State with no practical powers and major theoretical powers which are a safeguard against political tyranny and a family which has (whether wanker Republicans like it or not) widespread public respect and continuity of knowledge.

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Democracy is an unworkable system and Proportional Representation is the Tony Blair of political theories

Democracy is a terrible idea and it is totally unworkable in practice.

Pure democracy, that is.

True democracy in which everyone decides on everything would mean everyone would have to vote on every national, regional and local decision. Even if people only voted on life-or-death decisions, everyone would have to vote nationally on the siting of a zebra crossing on a main road in Orpington because anyone in the UK could drive along that road; anyone could be killed as a result of the decision. So everyone would have to decide. The country would seize up.

In the UK, we have Representative Democracy not pure democracy and we elect representatives for areas – local councils, national governments.

Or, rather, we do not.

We do not elect national governments in the UK.

We never have.

I’ve heard the most ridiculous knee-jerk pseudo-democratic bollocks talked about Proportional Representation and a lot of it is how it will “reflect voters’ views better”.

Bollocks.

People say, “Ah, well, most of Britain’s Post War governments were elected by a minority of the voters – less than 51% of the population and/or the people who voted actually voted for those governing parties.”

Utter bollocks.

NO government in the 19th or 20th or 21st centuries was EVER voted-in by ANY voter in the UK – because the UK system is to vote for local MPs, not for national governments.

If the ‘winning’ party were to win a majority of Westminster seats by narrow majorities in local elections and the losing parties were to win all their local seats by massive majorities, then obviously the national government would be elected by a very low percentage of the over-all UK population.

But that is not relevant. It would not alter the fact they had won the majority of seats in the country.

We do not vote for national governments. In General Elections, we vote locally and the party with most seats nationally forms a government. We vote for local MPs in local seats to (allegedly) represent their constituents’ views. Throw that tapwater out and you throw a whole family of babies out too.

In each of the local constituencies, the winner wins by a first-past-the-post system where the person with more votes than any other individual candidate wins. If a candidate gains 40% of the votes and the other four candidates have 30%, 20% and 10%, then he or she wins. This seems reasonable to me. Other people knee-jerk on the fact that the winning candidate has only 40% of the votes whereas the others combined have 60% of the vote.

Tough shit.

So we should perhaps give the election to the guy who came third and who was the first choice of even fewer people???

Silly idea?

That is what Proportional Representation does.

Proportional Representation spreads votes according to second and third and maybe – god help us – fourth, fifth, sixth and seventh choices to allegedly get a ‘fairer’ view of voters’ intentions.

Bollocks. Utter bollocks.

The outcome of Proportional Representation is to elect not the candidate whose policies and personality are most admired by most people, but to elect the candidate whose policies and personality are less disliked by more people. You may end up with everyone’s third or fourth bottom-of-the-barrel choice and not the individual candidate most favoured by the highest number of people.

Under Proportional Representation, elections are intended to include more smaller parties. In other words, to lessen the strength of the big parties and to result in more coalition governments. That is what has happened in countries which have tried it.

So what if no party nationally wins enough seats to form a government?

Whichever parties can join together to create a majority of seats will form the government. Inevitably, the parties which come first and second in the election are unlikely to form coalitions. At the last UK General Election, there was no chance of the Conservative and Labour parties joining together in a coalition. Both unsurprisingly tried to form a coalition with the third party, the Lib-Dems.

Proportional Representation never results in simple situations but, in a simple situation in which one party gets 45% of the seats nationally and other parties get 30%, 15% and 10%, it would make sense for the strongest party to form a coalition with the party which got 10%, thus combining together with 55% of the seats. The fourth party probably poses no long-term threat to the strongest party; the other parties are likely to be a greater long-term threat. Always form a coalition with the weakest possible partner. It’s how devious people play the final round in The Weakest Link on TV – they vote off their strongest opponent and play with their weakest opponent. It’s probably in The Art of War somewhere.

What this means in political practice (as in the present UK coalition between the Conservatives and the Lib-Dems) is that the weaker party will insist that some of its policies are adopted by the coalition government as part of the coalition deal.

So, in the four-party example above, the party with only 10% of the seats will see some of its policies adopted – but the party with 30% of the seats will not get any of its policies adopted.

The result is that a party which (in terms of seats won) the majority of people did not want to primarily see in power gains power.

The other alternative, if you have a party seat split of 40%, 35%, 16% and 9% of the seats, is that the second and third parties form a coalition – thus having 51% of the seats – and form the government. That is an entirely possible scenario and, in this case, the party which has more seats than any other party – 40% – does NOT form the government. The party which only got 16% of seats gains power.

That is not democracy, it is a bollocksed-up system which reflects voters intentions not more but less. It’s a system designed to give a better reflection of voters’ intentions which simultaneously creates weak government and is anti-democratic by giving power to less-well-supported parties.

The road to hell is paved with good intentions.

I cite Tony Blair, a man who, I believe, initially had good intentions but who fucked-up the country, fucked-up the constitution, was profoundly anti-democratic and ended up doing evil with what he believed to be good intentions.

Proportional Representation is the Tony Blair of political theories.

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