The Constitution Unit blog in 2020: the year in review

As was the case last year, 2020 has been a fascinating time to be writing about the UK constitution, its institutions and those involved in working within them (more so than anyone could have predicted in January). As the year draws to a close, blog editor Dave Busfield-Birch offers a roundup of the blog year just gone, as well as a look at the reach of the blog through the lens of its readership statistics. 

2019 was a year of constitutional flux and tension, with a new Prime Minister, a new Brexit deal and a new parliament. As challenging as 2019 was, however, 2020 has proved no less of a test for the constitution, its institutions and actors. It was always likely that the Brexit talks would not prove easy, and that the government’s Commons majority would not mean the Johnson government would automatically be able to bend parliament to its will. The pandemic has, of course, magnified the complexity of the government’s pre-existing challenges and raised a whole new number of policy problems, creating constitutional flashpoints aplenty. 

Below are our most popular blogs from the past year, preceded by a personal selection by me, at the end of my third year as blog editor.

Editor’s picks

The 2019 election campaign shows that abuse, harassment and intimidation of candidates is getting worse, especially for women, by Sofia Collignon.

It’s difficult to call this one of my ‘favourite’ blogs, but it’s definitely one of the most important that we produced this year. Women candidates continue to disproportionately experience intimidation and harassment during general election campaigns, and Sofia Collignon eloquently describes the specific problems they face. I have advised victims of harassment, discrimination and gender-based violence for most of my adult life, so this is a topic very close to my heart: sadly we still have a very long way to go.

The role of monarchy in modern democracy, by Robert Hazell and Bob Morris.

I studied history as an undergraduate and I always tended to focus on periods when the monarchy itself was in crisis and being challenged by other institutions. I therefore always enjoy editing Robert and Bob’s blogs on the subject. At the end of a busy year for the monarchy, which has had to adapt to both ‘Megxit’ and the pandemic, this blog stands out, summarising as it does the main conclusions of their new book, The Role of Monarchy in Modern Democracy: European Monarchies Compared. The book is fascinating, and I would also recommend viewing the launch event (chaired by Jonathan Dimbleby) on our YouTube page, where you can find video recordings of all our 2020 events. 

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The 2020 US presidential election: nine lessons

As reported in the latest issue of Monitor, the US presidential election raised even more constitutional issues and questions about the US system of elections than many anticipated. Colin Provost and Nadia Hilliard of the UCL Centre for US Politics discuss how the election was administered, and the roles of the judiciary, Electoral College and social media in the process.

The US presidential election of 2020 has been perceived by many observers as one of the most important elections in American history. A highly polarised electorate turned out in record numbers in the middle of a pandemic and for the first time, the incumbent president refused to concede after a clear result, while pushing a steady, yet unsubstantiated series of claims about voter fraud and voting irregularities. Given the highly unusual set of circumstances surrounding this election, it is worth considering how well US institutions performed with respect to the conduct of a free and fair election, and what lessons should be learned for future electoral cycles.

1. States can run elections smoothly.

Although federal laws that are harmonised across the states might seem to make more sense for national elections, the US Constitution allows each state to set its own election laws, as long as they are in compliance with the 1965 Voting Rights Act and other relevant, federal legislation. Keeping that in mind, it is important not to understate the fact that, on average, the states performed well in terms of administration of this election. Despite the pandemic, millions of people were able to vote and perhaps more importantly, a large subset of those people were able to vote by mail, so that they would not have to put their health in jeopardy by waiting in long – and often cramped – queues. Ultimately, those votes were all counted, even if a victor could not be declared until 7 November —five days after election day.

2. US electoral institutions are resilient.

The institutions of election administration proved to be resilient in the face of baseless allegations of voter fraud and voting irregularities: those allegations were many, and continue to be made. In a normal election year, post-election lawsuits are practically non-existent, but in 2020, the Trump campaign filed dozens of lawsuits across several states, nearly all of which have been found to be lacking in merit, while tweeting inaccurate information about the election and its results. Georgia senators David Perdue and Kelly Loeffler suggested that Georgia Secretary of State Brad Raffensberger – the state official in charge of overseeing elections and certifying the results – should resign after not finding evidence of electoral fraud in that state. Additionally, President Trump invited the leadership of the Michigan legislature to the White House, apparently with the goal of getting them to nominate different electors to the Electoral College that formally votes in the new president than those selected by the Michigan Democratic Party. The only legal basis for this occurring is if one believed that Joe Biden did not clearly or lawfully win the state, even though his margin of victory was in excess of 150,000 votes. Finally, a large number of Trump allies in Congress, the media and elsewhere supported these actions, implicitly or explicitly. Despite all these challenges, the votes were counted and certified by all 50 states and the District of Columbia.

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Referendums on Irish unification: How would they best be designed and conducted?

The interim report of the Working Group on Unification Referendums on the Island of Ireland, published today, concludes that referendums on the question of Irish unification should be called only with a plan for the processes that would follow. In this post, the Chair of the Working Group, Alan Renwick, sets out some of the group’s key provisional findings. The group is seeking feedback on these, in advance of its final report next year.

The Working Group on Unification Referendums on the Island of Ireland was established last year to examine how any future referendums on whether Northern Ireland should stay in the United Kingdom or become part of a united Ireland would best be designed and conducted. The group, based at the Constitution Unit, comprises 12 experts from universities in Northern Ireland, the Republic of Ireland, Great Britain, and the United States. It has no collective view on whether holding such referendums would be desirable or not, or what the outcome should be if referendums were held. 

The project continues the Unit’s long history of research into referendums, stretching back to the 1996 report of the Commission on the Conduct of Referendums, whose recommendations for new legislation helped pave the way for key reforms in 2000. More recent work includes the 2018 Independent Commission on Referendums and last year’s Doing Democracy Better report. We also have a track record of examining future constitutional possibilities—such as Scottish independence or the creation of an English parliament—without taking a view on their desirability.

Why the Working Group was established

We created the Working Group because referendums on the unification question might happen in the future, and what this would involve needs to be thought through. The Brexit process has shown the dangers that can arise if a referendum is called without proper planning. Repeating that in Northern Ireland’s sensitive context would be highly unwise. Yet no such plan exists. The 1998 Belfast/Good Friday Agreement makes some key provisions, as we elaborate below. But it leaves many important points unspecified. We do not believe referendums to be imminent: the evidence is that the majority in Northern Ireland would currently support maintaining the Union. But opinion could evolve in either direction in the future. 

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