Sunday 30 March 2008

Not Content

The relations between the democratic state and its armed forces, both internal and external, are endlessly analysed and considered in political science. They are compared with relationships within the authoritarian state (of the left and of the right), the feudal state, in history, under various regimes of international law, and across the borders of the state itself until we arrive at global governance.

The nation state, federal or unitary, invariably seeks to draw the power to use force to itself alone. Even the American citizen's individual right to bear arms, enshrined in its Constitution for historical reasons rooted in the circumstances of the foundation of the state, is under constant attack and equally vigorously defended. In our own state the right to bear arms has shrivelled almost to non-existence; except for members of internal or external state security forces arms are, to all intents and purposes, illegal. No longer is military training even offered to the citizenry in England, let alone required as it is in some countries. The United Kingdom is a highly centralised, even if formally federal, state as well.

So in England democratic control over armed force is crucially important to democracy itself. Yet the ground rules governing the use of force, both within and without the state, like so much else have been profoundly altered during New Labour's regime; and before it, because of the contamination of United Kingdom institutional and constitutional structures by membership of the European Union. While our allegiance to Nato, and to the American super power, has altered the state's relations with, and control over, external armed force, too, as Nato itself has responded to changing circumstances.

But it is contamination by the continental European view of the role of force in the relations between the state and the individual that has most damaged our happiness. There is a world of difference between 'What is not forbidden is permitted', and 'What is not permitted is forbidden'. The latter, europeanist stance requires an internal state control apparatus which we are watching being installed in our society now. It is one of the reasons why our borders have been opened to settlement by those who will notice nothing in the change from a free society to a monitored, rights society - and the rights are not even there under our old and tried Constitution; there is nothing there except the remnants of a rule of law now over-ruled by European arrangements.

And to whom do these hierarchically organised, external military and internal security systems answer? To the permanent structures of the state and its executive, not to the transient occupants of office in elected governance, whose purpose is to legitimise the state's requirements in return for the fruits of temporary office. A caste, not a class, openly hereditary in the case of the head of state, and with in-place recruitment means both over the generations, and for the incorporation of threatening or successful newcomers, controls enforcement of the state's ideals and aims.

We have been fortunate throughout most of our lifetimes in our head of state; there has been coincidence of interest and widespread consent, until recently, to the ideas and practice of rule in this country. We may, within our different classes and societies, have disliked the democratic governance in office, but we were all more or less happy with the state.

No longer; we must find ways of democratically agreeing upon and controlling the use of force in our country.

8 comments:

Anonymous said...

"There is a world of difference between 'What is not forbidden is permitted', and 'What is not permitted is forbidden'."

In the Soviet Union they used to summarise the principles of communist legality thus:
1. Everything is forbidden.
2. Everything is allowed in special circumstances.
3. Special circumstances are decided by the party.

Unfortunately this fits admirably what you are saying of the UK.

Nick Drew said...

Another complexity that needs to be handled in your new resolution, is the increasing outsourcing of military functions to 'private providers'. The mercenary model is hardly new (Machiavelli passim) but somewhat alien nonethelsss to recent British practice.

Oh, for the days when policy could be based upon Navy but no standing Army

hatfield girl said...

If the Conservatives do not come out clearly to renegotiate the relationship with the European Union - not just Lisbon but Nice and Maastricht as well, together with coherent proposals on what is to be done to undo the destruction of local government democracy, let alone parliamentary democracy and answerability, and how it is intended to restore the rule of law, what is their point?

We cannot go back but we must understand what we are going forward into that will bring back the condition of happiness with the organisation of the state and its responsiveness to our reasonable expectations and requirements that existed before the very end of the last century.

The disparaging 'people neither know nor care about these things, they are none issues' is a falsity.

We do know about these things; we feel them; emotionally the country is in mourning for the world we have lost. There is more than one way of talking about what must be done, but the feeling is universal - well, country wide.

It is very dangerous also, because mass emotion poorly informed and consistently dismissed will be channelled eventually into action. And by what forces?

Elby the Beserk said...

And who knows about this ...

http://www.eurogendfor.org/

... nasty paramilitary force being set up as I write. Looks to me that in the events of trouble on the streets here, this lot could be shipped in to help sort it out.

The thought of being somewhere else becomes increasingly tempting; shame - I love this place at this time of year, as the gardens start to bloom, as the countryside gets greener and greener until the outrageous verdant May. The gardens of Cornwall at this time of year, with Camellias, Rhodies, Magnolias and Azaleas a-gogo, are spectacular and I really would not want to be anywhere else - but Brown & New Labour are like a toxic sludge polluting the whole country.

42 day extension being debated today.

Sackerson said...

Elby: not entirely new, I seem to recall that German mercenaries were imported in the 16th C to quell unrest. But we are certainly returning to "bully Government" - seen that road tax ad about "don't get your car crushed"? How about "Don't get your house demolished" re paying your council tax? Or "Don't get your soft parts crushed" re income tax returns? Where will this nasty intimidation end?

Nick Drew said...

I see the commander of EuroGendFor, one Colonel Giovanni TRUGLIO, has accumulated 13 medals

how the hell one does this as an Italian in the 21st Century is puzzling, to say the least: perhaps he is a real hero

we can assume that at least the uniforms will be fine ...

hatfield girl said...

An officer of Carabinieri, he is precisely the kind of paramilitary used in internal military repression that seems to be growing in the UK.
He was deeply involved in the 'policing' of the G8 summit in Genoa and was close at hand when a member of his force shot dead an unarmed demonstrator in the piazza Alimonda. He learned his trade in Somalia and the former Yugoslavia.

You are right, ND, the dress uniforms of the Carabinieri are swashbucklingly handsome - all boots and cloaks folded back and pinned and cockaded hats and swords and stuff.

Many Carabinieri have served their country with distinction and honour in recent conflicts (it should be remembered that Italy has always sent troops for peacekeeping, policing and humanitarian assistance, not for warfare) but Truglio was also the object of an enquiry in Somalia.

I don't know what his medals are for - he's quite old so long service must come into it.

This is a fine example of where European countries have clear chains of command and responsibility and answerability for paramilitary forces within their constitutions though; we are developing paramilitary trained policemen who have no such definition or constraint. They are policemen and all that implies in terms of the common understanding of their powers, yet they are fully armed and acting under completely unknown regimes obscured in enabling acts and emergency authorities and arbitrary powers. At the most they answer to internal administrative tribunals, government set up enquiries, or virtually powerless coroners.

hatfield girl said...

ND's point about merceneries, carried on by S, is important too. Who do they answer to and what rules govern their conduct? Are they members of the armed forces or criminal gangs? And where are their limits? What is the status of the armourers for instance, or the financers of conflicts? Mark Thatcher's African adventure is not over, even less so for some of his colleagues.

And where should our state - not our government but our state - stand on yielding up members for trials under international rules elsewhere?, those rules drawn up to apply to 19th and early 20th century fighting. Do we try our people ourselves, or do we send the to the Hague? To whom do our soldiers answer and to what rules?
The British Army commanders were most seriously concerned about the legality of orders they were receiving from the civil power over Iraq. They probably still are, and about their rationality too, under Brown and Browne.