Just because it is not written in a single document does not mean the UK does not have a constitution. But it does mean it has a particularly bad one.
If like me you were awake until 2am watching the remarkable scenes in Parliament last night, as opposition MPs stayed and protested in the Commons as Speaker Bercow, having himself entered a formal protest, led the Tories to the dissolution ceremony in the Lords, you were probably struck by the ridiculous flummery of it all. The three Queen’s Commissioners sat before the golden throne in silly hats, which the gentlemen doffed formally and very slowly three times, while the lady did not, and the Speaker and Commons staff bobbed low each time in response like a row of overdressed ducks.
This ludicrous pantomime is intended to reinforce the majesty of the monarch in the minds of the plebs, and indeed as an example of monarchical power it is effective. The prorogation, which Bercow objected to as an “executive fiat”, is just that and had it been made in the name of Boris Johnson, it is extremely probable that Bercow, with the strong support of the majority of the Commons, would have resisted the prorogation and carried on sitting. But because it is done in the name of Elizabeth Saxe Coburg Gotha, the most outrageous and undemocratic acts are suffered out of a misplaced sense of personal loyalty to the 93 year old monarch.
While Rees Mogg and his racist Brexiteer stormtroopers from the Commons turned up eagerly to grovel, it was very notable that only a dozen Tory peers bothered to show – something else totally unprecedented about this prorogation. Last week I was again up till 2am watching parliament and the much touted (esp on Guido Fawkes) Tory filibuster to stop the anti no deal Act. On a series of ridiculous procedural motions, on which counted votes were insisted despite obvious massive defeat by acclamation, the Government vote fell from in the low 100s until eventually they were being defeated every time by margins of approximately 250 to 60, and they gave up the filibuster in embarrassment. There was a remarkable contrast between the breathless excitement with which the mainstream media trailed the filibuster, as the BBC here, and the brief and sordid reality. Johnson’s repeated defeats in the Commons have rather overshadowed the utter contempt in which he is held in the Lords.
The monarchy is not a neutral player in all this. By the monarchy I mean not only the Queen, but the professional courtiers who surround her, each paid by the taxpayer. It is almost twenty years since I last held a conversation with the Queen, and I just do not know how sharp her faculties remain at 93, but I have not heard she is not still making her own decisions.
Boris Johnson should not be Prime Minister. It is not the constitutional duty of the monarch to appoint as Prime Minister the leader of the Conservative Party, and not even the leader of the largest party in the House of Commons, but a person who can command a majority in the House of Commons. For example, in 2010 Gordon Brown tried to put together a “rainbow coalition” to get a Commons majority and be reappointed Prime Minister. Had he succeeded in putting together such a coalition with a majority, the Queen would have had to appoint him even though David Cameron’s party had more seats than Labour. This was universally accepted as the constitutional position. It did not happen in the end as the Lib Dems preferred the Tories.
Nothing in the Fixed Term Parliaments Act alters the constitutional position that the Prime Minister must be able to command a majority in the House of Commons.
It was unconstitutional of Elizabeth Saxe Coburg Gotha to appoint Boris Johnson as Prime Minister when it was absolutely plain at the outset he had no majority in the House of Commons. This is not hindsight, I said so at the time. Now it has been proven that he has no majority in the House as he has been defeated six times out of six on major votes on the most important issues of the day. He has never won an important vote on anything as Prime Minister. Whether or not these are characterised as “confidence issues” is irrelevant. The man Johnson has never had a Commons majority. I can think of nothing more unconstitutional – and I think it can absolutely be characterised as a coup – than for the Queen to appoint a Prime Minister who has no majority support in the Commons, and then prorogue Parliament precisely because the executive has no majority. This is not even a government which has lost its majority – it has never had one and ought never to have been appointed.
Rather than prorogue Parliament, the Queen should have obliged Boris Johnson to resign and asked the Leader of the Opposition to see whether he could form an administration that could command a majority. That would be the constitutionally correct course of action. The monarch is not neutral in this and is acting unconstitutionally, abusing her power.
Let me put it this way. Does anybody seriously contend that Jeremy Corbyn would be appointed Prime Minister by the Queen in a situation where he had no parliamentary majority, and would remain in No. 10 despite losing 6 successive Commons votes and never winning one, and that the Queen would prorogue Parliament for him to get round the fact that he had no majority? Of course not. It is unthinkable. We are witnessing a right wing coup specifically in favour of Boris Johnson.
It is particularly worrying that so many people are happy to see dictatorship established so long as it expedites Brexit. This demonstrates the folly of introducing elements of direct democracy into a representative democracy. I am perfectly content for England and Wales to be outside the EU, though I regard extending that to being outside the customs union and single market as economic madness driven by xenophobia. I am sorry to say I do not maintain a romantic view of the electorate, having for a considerable while dwelled amongst a remarkable percentage of open racists in Ramsgate, a UKIP hotspot where Farage chose to stand. The idea that the crowd should directly wield unmediated power of executive action is almost as repugnant to me as the continued existence of the monarchy. As so often, I appreciate my views do not fit into a standard and easily labeled set of opinions and many of you may disagree. They are however my opinions and I present them with no insistence you agree, but in the hope that you will consider and discuss.
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