Democracy and its fragility

The fragility of democratic structures is often underestimated but reflection will show that bringing about their collapse is frequent and often insidious; there is no need for shock and awe to achieve regime change.

The overpowering of the legislature by the executive has been a feature of constitutional change for decades but the last 10 years has seen a rout. The extraordinary spectacle of the House of Lords in last ditch defence of individual liberty and democratic accountability in the face of onslaughts by an authoritarian Labour administration, Bishops and Lords of Appeal standing shoulder to shoulder with the hereditary peers, shows how unsafe we are. The Lords have been valiant but they are about to be abolished for their pains.

The judiciary, the third support of freedom, is being distanced from government and placed under executive control.

The civil service, whose entire basis is to offer, impartially, administrative form to the policy choices of the governing administration has been debased by the importation of anything- but- neutral staff into governance, an innovation worsened by the placing of representatives from suppliers throughout the spending ministries as advisors on purchasing.

The denial of information, and that in a democratic system posited on a simple vote on a presented manifesto by opposing parties, is undermining all chance to react to what is going on.

Speaking of voting something out at the next general election begs the question of under what terms and under what constitutional arrangements the next general election might be held.

the state of Denmark

“ We have a government by a party that reinvented itself by being ashamed of its roots and determinedly betrayed the traditions and ideas of its founders. They may well have been right so to do, but they cannot be trusted to hold dear the traditions of others.”, wrote the Earl of Onslow a year ago.

On parliamentary practice:
Labour has ‘.. emasculated the House of Commons by the permanent use of guillotines.’
The Lord Chancellorship ‘..has been neutered, removing a voice of law from the cabinet.’

On the liberty of the subject:
It has ‘..repealed the law on double jeopardy. .. , it has sent to prison some of the young on hearsay evidence for things that are not even criminal.’
It has created a centralised register held by the government on all citizens..
It is its intention to ‘.. force ..[all] to have ID cards.’
It has ‘.. formed a police force with unprecedented powers of arrest - the Serious Organised Crime Agency - over which the Home Secretary has authority no predecessor has previously enjoyed.'
With ‘.. control orders, ..[it has] introduced a system of deprivation of liberty without trial on the say-so of the executive.’
'.. the Civil Contingencies Act.. allows a minister to override any statute after the calling of a state of emergency..’
The Regulatory Reform Bill, ‘..which has been described as 'the abolition of parliament bill' .. gives gauleiter-like powers to ministers ..’
There is ‘..the retention by the police of DNA details of thousands of innocents..'
The amendments to ‘.. the Nationality, Immigration and Asylums Act 2002, [create].. a single-tier appeals procedure which Lord Steyn ..described as ..ousting the jurisdiction of ordinary courts.’
The government has introduced anti-terrorism stop-and-search powers that are constantly being misused ..’.

These facts have been taken from a longer argument addressed to a narrower audience. Yet that '..ancient liberties ..[are] ..the key to the advancement of our fellow citizens.’, and that we should be ‘..jealous of our constitution.’, applies to us all, as much as does, “All that is necessary for the triumph of evil is that good men do nothing.”